_MUNICIPAL 


SERVICE  COMMISSION 


OF  BUREAU  OF  GOVERNMENTAL  RESEAI 

LIBRARY 
44  LIBRARY  BUILDING 

THE  CITY  OF  NEW  YORK. 


As   Prescribed   and    Established    December  4,    1903. 
With  Amendments  to  January  12,  1906. 


THE    CIVIL    SERVICE    LAW. 


COMMISSIONERS: 

WILLIAM  F.  BAKER,  President. 
R.  ROSS  APPLETON,  ALFRED  J.  TALLEY. 

FRANK   A.  SPENCER,  Secretary. 


U  RESEARCH 
LIBRARY 
44  LIBRARY  BUILDING 


'MUNICIPAL 

CIVIL  SERVICE  COMMISSION 


OF 


THE  CITY  OF  NEW  YORK. 


RULES  AND  CLASSIFICATION 

As   Prescribed   and    Established    December  4,    1903. 
With  Amendments  to  January  12,  1906. 


THE    CIVIL    SERVICE    LAW. 


COMMISSIONERS: 

WILLIAM  F.  BAKER,  President. 
R.  ROSS  APPLETON,  ALFRED  J.  TALLEY. 


FRANK  A.  SPENCER,  Secretary. 


W  er  GOVERNMENTAL  *&£**£,, 


MUNICIPAL  CIVIL  SERVICE  RULES. 


CONTENTS. 


PACK" 

PROMULGATING  ORDER i 

I.     DEFINITION  OF  TERMS 5 

II.     GENERAL  PROVISIONS 5. 

III.  ORGANIZATION  AND  POWERS  OF  THE  COMMISSION 6- 

IV.  CLASSIFICATION 7 

V.    THE  EXEMPT  CLASS 8 

*  VI.     THE  COMPETITIVE  CLASS & 

VII.         Competitive  Examinations i<x 

VIII.         Filing  of  Applications 15- 

IX.         Marking  and  Rating 16- 

X.         Eligible  Lists 17- 

XI.         Certification  and   Appointment. 18- 

XII.         Temporary  and  Exceptional  Appointments 211 

XIII.  Suspension  and  Reinstatement 23- 

XIV.  Transfer 25 

XV.         Promotion 261 

XVI.         Removals 30* 

XVII.        Special  Provisions  Affecting  the  Police  and  Fire  Services 30 

XVIII.     THE  NON-COMPETITIVE  CLASS 32 

XIX.    THE  LABOR  CLASS 34. 

XX.    THE  CIVIL  LIST  :    AND  REPORTS  OF  CHANGES 39, 

XXI.    CERTIFICATION  OF  PAY-ROLLS 40- 

XXII.    TRANSMISSION  OF  RULES 41 

*  CLASSIFICATION  OF  THE  CITY  SERVICE 43 

CIVIL  SERVICE  LAW 59 

LAWS  REPEALED 80 

SPECIAL  CHARTER  PROVISIONS 8 1 


PROMULGATING   ORDER. 


NEW  YORK,  December  2,  1903. 

IN  compliance  with  and  under  the  authority  of  the  provisions 
of  Section  9  of  Article  V  of  the  Constitution,  of  The  Civil  Service 
Law,  and  of  the  Greater  New  York  Charter,  the  Municipal  Civil 
Service  Commission  of  the  City  of  New  York  hereby  prescribes  the 
following  rules  for  the  regulation  of  the  classified  service  of  such 
city,  to  take  effect  and  to  have  the  force  and  effect  of  law,  revoking 
all  other  rules  to  that  end,  when  approved  by  the  Mayor  and  the 
State  Civil  Service  Commission. 

WILLIS  L.  OGDEN,  President, 
WILLIAM  N.  DYKMAN, 
ALEXANDER  T.  MASON, 
THEODORE  M.  BANTA, 
NELSON  S.  SPENCER, 
Municipal  Civil  Service  Commissioners. 

Attest: 

[SEAL.]        S.  WILLIAM  BRISCOE,  Secretary. 


MUNICIPAL  CIVIL  SERVICE  RULES 


OF 


THE  CITY  OF  NEW  YORK. 


Rule  I. 

DEFINITION  OF  TERMS. 

The  several  terms,  hereinafter  mentioned,  whenever  used  in 
these  rules  or  in  any  regulations  in  force  thereunder,  shall  be  con- 
strued as  follows : 

1.  The  "  Civil  Service  of  The  City  of  New  York,"  which  may 
be    designated   for    convenient   reference   the    "  City   Service," 
includes  all  offices  and  positions  of  trust  or  employment  in  the 
service  of  the  city,  of  whatever  function,  designation  or  compen- 
sation. 

2.  The  term  "  Classified  Service  "  refers  to  that  portion  of  the 
City  Service  that  is  arranged  in  classes  under  these  rules,  for  the 
purposes  of  the  Civil  Service  Law,  and  includes  all  of  such  offices 
and  positions  except  elective  officers;  the  officers  and  employees 
of  the  Board  of  Aldermen;  election  boards  or  officers  appointed 
under  section  6  of  article  II  of  the  Constitution;  the  head  or 
heads  of  any  department  of  the  city  government;  and  persons 
employed  as  superintendents,  principals  or  teachers  in  the  public 
schools. 

3.  The  term  "  Class  "  refers  to  the  Exempt  Class,  the  Com- 
petitive Class,  the  Non-Competitive  Class,  or  the  Labor  Class,  as 
defined  in  The  Civil  Service  Law. 

4.  The  term  "  Grade  "  refers  to  subdivisions  of  the  Competi- 
tive Class  arranged  for  purposes  of  promotion,  and  based  upon 


the  relative  character  of  the  duties,  or  upon  the  amount  of  com- 
pensation, regularly  attaching  to  the  positions  contained  therein* 

5.  The  term  "  Classification  "  refers  to  the  arrangement,  in 
schedule  form,  of  the  titles,  offices  and  positions  in  the  several 
classes  and  grades,  which  is  appended  hereto,  and  which  forms  an 
integral  part  of  these  rules. 

6.  The  term  "  Commission,"  when  used  by  itself,  refers  to- 
the  Municipal  Civil  Service  Commission. 

7.  The  term  "Appointing  Officer"  refers  to  the  officer,  com- 
mission, board  or  body  having  the  power  of  appointment  to  sub- 
ordinate offices  or  positions  in  any  municipal  department,  office, 
board,  court  or  institution. 

8.  The  term  "  Veteran,"  when  used  by  itself,  refers  to  honor- 
ably discharged  soldiers,  sailors  or  marines  of  the  Army  or  Navy 
of  the  United  States  in  the  late  Civil  War,  who  are  citizens  and 
residents  of  this  State. 

9.  The  term  "  Laborer  "  refers  to  any  mechanic,  skilled  or 
unskilled  laborer  employed,  or  seeking  employment,  in  a  posi- 
tion in  the  Labor  Class. 

10.  The  term  "  Position,"  when  used  by  itself,  refers  to  any 
classified  office,  position  or  employment. 

n.  The  term  "Compensation"  refers  to  the  annual  salary 
attaching  to  an  office  or  position,  or  to  its  equivalent  if  stated  by 
the  day,  week  or  month,  and  shall  include  proper  commutation 
for  lodging  or  board  when  either  is  furnished  at  the  expense  of  the 
City,  such  rate  of  commutation  to  be  fixed  by  regulation  of  the 
Commission. 

12.  The  masculine  pronoun  "  he  "  and  its  derivatives,  wherever 
employed,  includes  the  feminine  pronoun  "  she  "  and  its  derivatives. 

13.  The  term  "  day  "  or  "  days,"  wherever  employed,  refers  to 
days  on  which  the  city  departments  are  open  for  the  transaction 
of  public  business. 


Rule  II. 

GENERAL   PROVISIONS. 

1.  All  appointments,  promotions  or  selections  for  employment 
in  the  Classified  Service  shall  be  made  according  to  the  merit  and 
fitness  of  candidates  therefor,  and  in  the  manner  prescribed  by  these 
rules. 

2.  No  appointing  officer  shall  appoint,  promote  or  employ 
any  subordinate  officer  or  employee  in  the  Classified  Service,  or 
in  any  way  change  the  official  status  of  any  such  officer  or  em- 
ployee, except  in  accordance  with  these  rules,  and  no  such  ap- 
pointment, promotion,  employment  or  change  of  status  made  in 
contravention  of  any  provision  of  these  rules  shall  be  valid. 

3.  No  appointment  to  or  selection  for,  or  removal  from  any 
office,  position  or  employment  in  the  Classified  Service,  and  no 
change  in  the  official  status  of  any  person  in  such  service  shall  be 
in  any  manner   affected    or    influenced    by    the  political  opinions 
or  affiliations  of  any  applicant,   or  of  any  officer  or  employee. 
No  inquiry  made  by  or  on  behalf  of  any  nominating  or  appoint- 
ing   officer,    nor    any     question     in    any     form    of    application 
or  in  any  examination,  shall  be  framed  so  as  to  elicit,  and  no 
answer  shall  be  given  so  as  to  disclose,  any  information  what- 
soever concerning  such  opinions  or  affiliations ;  and  no  applica- 
tion or  recommendation  involving  any  such  disclosure  shall  be 
received,  filed  or  considered. 

4.  No  person  in  the  City  Service  shall  use  his  official  authority 
or  influence  to  coerce  the  political  action  of  any  person  or  body ; 
and  no  discrimination  shall  be  exercised,  promised  or  threatened 
by  any  such  person  in  favor  of  or  against  any  applicant,  officer  or 
employee  in  the  Classified  Service  because  of  his  political  opin- 
ions or  affiliations,  or  because  he  has  declined  to  contribute  to  any 
political  fund  or  to  render  any  political  service. 

5.  No  person  shall  be  appointed  to  or  employed  in  any  position 
in  the  Classified  Service  under  any  title  or  designation  not  appro- 
priate to  the  duties  he  is  regularly  to  perform,  and  no  person  in  the 
said  service  shall  be  transferred  to  or,  unless  under  express  authority 
of  law,  assigned  to  perform  the  duties  of,  any  position  subject  to 
competitive  examination,  except  in  accordance  with  Rule  XIV 
or  with  Clause  13  of  Rule  XIX. 


6.  The  violation  by  any  person  in  the  City  Service  of  any  pro- 
vision of  the  Civil  Service  Law  or  of  these  rules,  shall  be  con- 
sidered sufficient  cause  for  the  removal  of  such  person. 


Rule  III. 

ORGANIZATION  AND  POWERS  OF  THE  COMMISSION. 

1.  The  Municipal  Civil  Service  Commission  shall  have  author- 
ity to  prescribe  such  regulations  for  the  instruction  of  its  officers 
and  for  the  execution  of  these  rules  as  may  not  be  inconsistent 
therewith,  and,  wherever  practicable,  shall  prescribe  blank  forms 
for  all  applications,  certificates,  reports,  records  and  returns  re- 
quired  thereunder.     The   Commission   shall   have   authority  to 
examine  at  any  time,  either  directly  or  through  its  Secretary  or 
Examiners,  such  books,  records  or  papers,  filed  in  any  city  de- 
partment or  office  as  have  any  bearing  on  the  operation  of  the 
Civil  Service  Law  or  of  these  rules,  and  may,  in  the  course  of  any 
investigation  it  may  make  under  the  authority  conferred  by  the 
City  Charter,  require  the  production  of  such  books,  records  or 
papers,  or  the  attendance  of  officers  or  employees  as  witnesses, 
at  its  own  office,  or  other  place  of  meeting.     The  failure  of  any 
person  in  the  City  Service  to  produce  with  reasonable  promptness 
such  books,  papers  or  records,  or  to  give  testimony  in  any  such 
investigation,  when  called  upon  to  do  so,  shall  be  considered  suffi- 
cient cause  for  the  removal  of  such  person. 

2.  The  Commission  shall  choose  from  its  own  membership  a 
President,  who  shall  serve  during  its  pleasure,  and  who,  subject  to 
the  directions  of  the  Commission,  shall  have  such  general  authority 
and  responsibility  in  the  administration  of  these  rules  as  shall  not 
be  inconsistent  with  the  powers  reserved  to  the  Commission  by  the 
Civil  Service  Law  or  by  these  rules,  or  vested  directly  in  some  other 
officer.     The  Commission  may  appoint  a  Secretary,  an  Assistant 
Secretary,  a  Chief  Examiner  and  such  examiners,  clerks  and  others 
as  the  efficiency  of  its  work  may  require. 


3.  Those  examiners  who  are  permanently  and  continuously 
employed  as  such  shall  constitute  a  Board,  of  which  the  Chief  Ex- 
aminer shall  be  Chairman,  for  the  discussion  of  methods  of  exam- 
ination and  rating,  and  of  such  other  matters  as  the  Commission 
may  refer  to  them.     The  Commission  may,  whenever  necessary, 
secure  the  assistance  of  experts  in  an  examination  of  a  special  or 
technical  character.    An  examination  of  candidates  for  the  position 
of  Civil  Service  Examiner  shall  be  conducted  by  the  Commission  or 
by  experts  employed  therefor;  but  no  person  shall  at  any  time  be 
employed  as  an  examiner  for  positions  in  the  Competitive  Class 
who  is  a  public  officer,  other  than  a  Notary  Public  or  a  Commis- 
sioner of  Deeds,  or  who  is  employed  in  any  other  department  of 
the  city  government 

4.  Public  notice  shall  be  given  by  the  Commission,  through 
advertisement  in  the  "  City  Record  "  for  not  less  than  three  days, 
and  a  public  hearing  shall  be  allowed,  on  the  request  of  any  inter- 
ested party,  in  advance  of  any  amendment  of  these  rules,  or  in 
advance  of  any  amendment  of  the  Classification  by  force  of  which 
any  position  shall  be  subjected  to,  or  exempted  from  competitive 
examination. 


Rule  IT. 

CLASSIFICATION. 

I  The  Classified  Service  shall  be  arranged  in  four  general 
classes  which  shall  be  known,  respectively,  as  the  EXEMPT,  the 
COMPETITIVE,  the  NON-COMPETITIVE  and  the  LABOR  Class. 

2.  The  positions  in  each  of  the  aforesaid  classes  shall  be  those 
specifically  designated,  under  the  head  of  each,  in  the  appended 
Classification;  except  that  all  positions,  whether  now  existing  or 
hereafter  created,  of  whatever  functions,  designations  or  compensa- 
tion, the  titles  of  which  are  not  so  designated,  shall  be  deemed  to 
be  in  the  Competitive  Class. 

3.  The  Competitive  Class  and  the  Labor  Class  shall  be  sub- 
divided, for  the  purposes  of  these  rules,  as  hereinafter  provided. 


Rule   V. 

THE   EXEMPT   CLASS. 

1.  Appointments  to  positions  in  the  Exempt  Class  may  be 
made  without  examination;  but  the  appointing  officer  shall  in 
each  case  submit  to  the  Commission,  in  such  form  as  the  Commis- 
sion shall  prescribe,  a  certificate  showing  (a)  the  title  of  the  position; 
(b)  the  full  name  and  residence  of  the  appointee;  (c)  the  place  of  his 
residence  during  the  five  years  immediately  preceding  appointment; 
(d)  his  previous  appointments,  and  periods  of  service,  if  any,  in  the 
public  service;  and  (e)  his  qualifications  for  the  office  or  position  to 
be  filled. 

The  Commission  may  accept  such  certificate,  if  it  be  in  accord- 
ance with  this  rule,  as  a  notice  of  appointment,  to  take  effect  on 
the  date  of  its  receipt. 

2.  Not  more  than  one  appointment  shall  be  made  to  or  under 
the  title  of  any  office  or  position  in  the  Exempt  Class  unless  a 
different  number  is  specifically  mentioned  in  the  Classification. 


Rule   VI. 

THE    COMPETITIVE    CLASS. 

1.  Appointments  shall  be  made  to  or  employment  shall  be 
given  in  positions  in  the  Competitive  Class  that  are  not  filled 
through  promotion,  transfer,  reduction  or  reinstatement,  by  selec- 
tion, in  the  manner  hereinafter  provided,  from  among  those  per- 
sons graded  highest  on  the  most  nearly  appropriate  eligible  list 
resulting  from  open  competitive  examination ;  except  as  provided 
by  Rule  XII. 

2.  For  the  purposes  of^such  examinations,  and  of  regulated 
promotion  where  practicable,  the  Competitive  Class  shall  be  sub- 
divided as  follows : 

PART  I.— All  positions,  of  whatever  function,  description  or  compensation, 
not  included  in  any  of  the  subdivisions  following— to  be  known  as  the 
"Ungraded  Service"; 


PART  II. — Positions  of  a  clerical  nature — to  be  known  as  the  "  Clerical 
Service  " ; 

PART  III. — The  uniformed  forces  of  the  Police  Department,  excepting 
doormen,  matrons  and  surgeons — to  be  known  as  the  "  Police  Service  " ; 

PART  IV. — The  uniformed  forces  of  the  Fire  Department — to  be  known  as 
the  "  Fire  Service  " ; 

PART  V. — The  uniformed  forces  of  the  Department  of  Correction — to  be 
known  as  the  "  Prison  Service  " ; 

PART  VI. — The  uniformed  forces  of  the  Department  of  Street  Cleaning — to 
be  known  as  the  "  Street  Cleaning  Service  " ;  and 

PART  VII. — Positions  requiring  knowledge  of  civil  engineering — to  be  known 
as  the  "  Engineer  Service." 

3.  The  positions  in  the  foregoing  Parts,  except  Part  I,  shall,  for 
purposes  of  promotion,  be  arranged  in  grades,  which,  so  far  as  they 
shall  have  been  established,  shall  be  the  grades  fixed  by  law  or 
ordinance,  and  which  shall  be  as  designated  in  the  Classification. 

The  positions  included  in  each  subdivision,  and  in  each  grade, 
shall  be  those  designated  under  the  head  of  each  in  the  Classifi- 
cation. 

4.  Whenever  it  is  shown  to  the  satisfaction  of  the  Commission 
to  be  practicable,  and  in  the  interest  of  good  administration,  to 
grade,  for  purposes  of  promotion,  positions  or  groups  of  positions 
not  previously  graded,  the  Commission  shall,  by  such  amendment 
of  the  rules  as  may  be  necessary,  establish  a  new  subdivision, 
embodying  such  grades,  under  such  general  head  as  it  may  deem 
appropriate. 

5.  The  titles  of  positions  in  the  Competitive  Class  as  set  forth 
in  the  Classification  are  descriptive  of  the  duties  and  functions 
attaching  generally  to  such  positions,  or  to  groups  of  positions  of 
similar  or  corresponding  character,  and  not  necessarily  to  particu- 
lar positions.    The  titles  appearing  on  the  official  roster  and  on 
pay-rolls  shall,  so  far  as  practicable,  conform  to  those  of  the 
Classification,  and  the  Commission,  to  meet  this  requirement, 
may  at  any  time  authorize  a  change  in  a  roster  title,  if  such 
change  be  consistent  with  the  rules  governing  transfer  or  promo- 
tion.   To  define  more  exactly  the  duties  of  particular  positions,  or 
to  fix  such  positions  in  the  peculiar  organization  of  a  department 
or  office,  appropriate  sub-titles,  or  "  office  titles  "  may  be  em- 
ployed, in  the  discretion  of  the  head  of  such  department  or  office 
or  of  the  Board  of  Estimate  and  Apportionment;  but  such  sub-titles 
need  not  appear  either  on  the  roster  or  on  any  pay-roll. 


10 

6.  Examinations  for  positions  in  the  Competitive  Class  shall 
be  held  and  eligible  lists  therefor  shall  be  established,  only  under 
titles  designated  in  the  Classification ;  except  where  it  is  shown 
that  the  qualifications  required  for  a  particular  position  are  of  a 
peculiar  or  unusual  character,  to  which  no  classified  title  is  appli- 
cable ;  the  Commission,  in  such  case,  may  hold  a  special  examina- 
tion for  appointment  to  such  position,  but  shall  state  in  its 
minutes  and  in  its  annual  report  the  reasons  for  which  each  such 
special  examination  is  held. 

Original  appointments,  in  a  graded  service,  shall  be  made,  in 
each  case,  to  positions  of  the  lowest  grade  established  in  the  depart- 
ment, office  or  institution  in  which  such  appointments  occur;  except 
where  it  is  found  to  be  not  practicable  to  fill  a  vacancy  or  vacancies 
in  a  higher  grade  through  promotion. 

The  Commission  may  hold  examinations  for  designated  grades 
of  a  position  in  a  graded  service  to  secure  eligibles  for  vacancies 
therein  that  it  is  not  practicable  to  fill  through  promotion;  or  for 
a  designated  compensation  or  range  of  compensation  under  the 
title  of  any  position  in  the  ungraded  service,  or  in  the  engineer 
service,  that  it  is  not  practicable  to  fill  by  selection  from  an  existing 
list;  but  the  difference,  in  such  latter  case,  between  the  compensation 
so  designated  and  the  compensation  attaching  to  a  list  already  in 
force,  under  the  same  title,  shall  in  no  case  be  less  than  three  hun- 
dred dollars. 


Rule  VII. 

COMPETITIVE    EXAMINATIONS. 

I.  The  Commission  shall  hold  examinations  for  appointment 
to  positions  in  the  Competitive  Class,  and  shall  fix  the  dates  there- 
for and  the  conditions  thereof,  whenever  necessary,  to  meet  or  to- 
anticipate  the  needs  of  the  City  Service. 

So  far  as  practicable,  examinations  for  admission  to  positions 
in  a  graded  service  shall  be  held  periodically,  and  the  dates  thereof 


II 

shall  be  published  at  the  beginning  of  each  year,  with  such  informa- 
tion with  reference  to  the  conditions  of  each  as  can  be  given. 

2.  All    such    examinations,    whether   previously    scheduled   or 
otherwise,  shall  be  advertised,  for  at  least  two  weeks  prior  to  th« 
final  date  for  the  receipt  of  applications  therefor,  daily  in  the  "  City 
Record,"  not  less  than  twice  a  week  in  at  least  four  of  the  prin- 
cipal daily  newspapers  and,  where  the  position  to  be  filled  is  pro- 
fessional or  technical,  once  or  oftener  in  one  or  more  technical 
journals  devoted  to  such  profession  or  trade.     Such  examinations 
shall  also  be  announced  at  least  two  weeks  prior  to  the  date  there- 
for in  notices  posted  conspicuously  at  the  offices  of  the  Commis- 
sion, the  City  Hall,  the  Borough  Halls,  and  at  such  other  places  as 
the  Commission  may  deem  proper. 

In  each  case  such  advertisement  in  the  "  City  Record,"  or 
notice  so  posted,  shall  set  forth  (a)  the  title  of  the  position;  (6) 
the  grade,  if  in  a  graded  service ;  (c)  the  time  and  place  of  examina- 
tion; (d)  the  subjects  of  examination,  in  detail,  with  the  weight 
given  to  each ;  (e)  such  preliminary  or  special  qualifications  as 
may  be  required  by  law  or  by  the  appointing  officer,  with  the 
approval  of  the  Commission,  in  respect  to  age,  residence,  physical 
fitness,  previous  experience  or  training,  or  other  particulars ;  (f) 
the  number  of  vacancies  existing,  so  far  as  known,  or  likely  to 
exist  within  a  year,  that  will  be  filled  by  appointment  from  the 
eligible  list  to  be  formed ;  (g)  the  compensation  or  range  of  com- 
pensation to  be  paid;  (K)  the  date  upon  which  the  receipt  of  appli- 
cations will  close,  and  (t)  such  other  information  as  the  Commission 
may  deem  pertinent  or  necessary. 

Such  advertisement  in  other  newspapers  or  periodicals  shall, 
where  practicable,  set  forth  the  same  particulars,  and  shall  at 
least  set  forth  the  title  of  the  position,  the  time  and  place  of  the 
examination  and  its  subjects,  and  shall  then  refer  applicants  to 
the  "  City  Record,"  or  to  the  posted  notices,  for  further  details. 

3.  Every  examination,  except  for  the  position  of  Civil  Service 
Examiner,  shall  be  under  the  responsible  direction   of  the   Chief 
Examiner,  who  shall   consult,   when   necessary,   with   appointing 
officers  concerning  the  qualifications  required  for  particular  posi- 
tions; but  such  examinations  shall  be   free  from  the  influence  or 
participation,  in  any  manner,  either  of  the  appointing  officer  or  of 
any  person  other  than  the  Commission  or  its  designated  officers  or 
employees. 


12 

4.  The  subjects  of  examination  and  the  relative  weight  given 
to  each,  where  not  fixed  by  these  rules  or  by  regulation,  shall  be 
fixed   by   the   Chief   Examiner,    subject   to   the   direction   of   the 
Commission. 

The  Chief  Examiner  shall  assign  the  examiners  for  a  given 
examination,  or  for  a  given  subject,  except  where  experts  are 
employed,  and  all  written  questions  prepared  by  such  examiners 
or  experts  shall  be  placed  in  his  custody  in  advance  of  such  exam- 
ination. Such  questions  shall  be  printed,  from  type  or  other  pro- 
cess, under  his  immediate  supervision  and,  unless  relieved  by  the 
Commission,  he  shall  be  responsible  for  their  safe-keeping.  So 
far  as  practicable  such  printing  shall  be  done  on  the  day  of  exam- 
ination. 

5.  The  examinations  shall  be  practical  in  their  character  and 
shall  relate  to  such  matters  as  will  test  fairly  and  adequately  the 
relative  fitness  and  capacity  of  the  persons  to  be  examined  for  the 
discharge  of  the  duties  of  the  service,  or  of  the  position,  into 
which  they  seek  to  enter.     For  positions  of  a  designated  grade 
or  compensation  they  shall  vary  in  strictness  as  the  grade  or  the 
amount  of  compensation  advances. 

6.  Whenever,  in  the  judgment  of    the    Commission,  physical 
qualifications  are  requisite,  candidates  shall  be  required  to  pass  a 
physical  examination,  and  be  certified  as  qualified  in  such  respect, 
either  before  admission  to  examination,  or  before  record  on  the 
proper  eligible  list,  or  before  certification  for  appointment,  as  the 
Commission  may  announce. 

Where  the  duties  of  any  classified  position  are  of  a  character 
requiring  the  appointment  of  persons  within  particular  limitations 
of  age  the  Commission  may,  subject  to  the  provisions  of  the  Civil 
Service  Law  relating  to  veterans,  fix  such  limitation  by  Regulation. 

7.  In  advance  of  examination  for  a  position  the  duties  of 
which  are  scientific,  professional  or  technical,  candidates  shall  be 
required  to  present  evidences  of  the  special  education  or  prelimi- 
nary training  they  have  had  tending  to  qualify  them  for  such 
position;  and  the  Commission  may  also,  if  in  its  judgment,  fitness 
for  such  position  demands,  require,  as  a  condition  of  examination, 
evidence  of  practical  experience  for  a  satisfactory  term,  in  such 
service,  profession,  art  or  trade. 

Training  and  experience,  of  a  character  tending  to  show  pe- 


13 

culiar  and  especial  fitness  for  the  position  examined  for,  may  be 
rated  as  a  fixed  subject  of  examination,  but  a  candidate  in  stating 
such  training  and  experience  shall  be  required  to  give  references 
through  which  such  statements  may  be  satisfactorily  verified. 

8.  Where  the  position  to  be  filled  involves  fiduciary  responsi- 
bility the  appointing  officer,  where  otherwise  permitted  by  law, 
may  require  a  candidate  to  furnish  a  bond  or  other  security  as  a 
condition  precedent  to  appointment  and  shall  notify  the  Commis- 
sion of  the  amount  and  necessary  details  thereof.     The  Commission, 
in  such  case,  shall  state  in  the  announcement  of  the  examination, 
that  the   candidate  must  be  prepared  to   furnish  such  bond  or 
security  if  called  upon  to  do  so. 

9.  All  examinations  shall  be  in  writing,  except  such  as  relate 
to  physical  qualities,  and  except  as  herein  otherwise  provided. 
Whenever  oral  questioning  is  prescribed,  as  part  of  any  scheme 
of  examination,  so.  far  as  practicable  a  stenographic  record  of 
such  oral  questions  and  of  the  answers  thereto  shall  be  filed  with 
the  papers  of  the  candidate.     All  papers  upon  which  examinations 
are  to  be  written  shall  be  furnished  by  the  Commission  and  shall 
bear  some  suitable  official  endorsement,  stamp  or  mark. 

10.  At  the  time  of  an  examination  a  copy  of  those  regulations 
that  govern  the  conduct  thereof  shall  be  furnished  in  advance  to 
each  competitor.     Before  proceeding  each  competitor  shall  then 
be  required  to  fill  out  a  declaration  sheet,  giving  his  name  and 
address,  the  names  of  his  certifiers,  the  names  and  present  addresses 
of  his  employers,  if  any,  during  the  preceding  five  years,  and  such 
other  information  as  the  Regulations  may  require,  and  shall  seal 
the  same  in  an  envelope  provided  for  the  purpose.    The  envelope 
and  the  papers  of  the  candidate,  as  they  are  completed,  shall  be 
marked  with  an  identical  number.    At  the  close  of  the  examination 
the  envelopes  shall  be  placed  in  a  sealed  package  in  the  custody  of 
the  Chief  Examiner,  to  be  opened,  for  the  identification  of  papers, 
only  at  the  conclusion  of  the  marking  thereof.    Any  paper  bearing 
the  name  of  the  candidate,  or  any  other  identifying  mark,  shall  be 
rejected,  and  the  specific  announcement  of  such  fact  shall  be  made 
at  the  commencement  of  the  examination. 

n.  No  candidate  shall  be  granted  a  second  or  special  examina- 
tion or.  any  second  or  special  trial  or  test,  either  written  or  physical. 
preliminary  to  or  in  connection  with  any  examination  held  here- 


14 

under;  unless  it  be  shown  to  the  satisfaction  of  the  Commission 
that  his  failure  to  appear  for,  or  to  gain  admission  to,  or  to  com- 
plete such  examination  or  test,  was  due  to  a  manifest  error  or  mis- 
take for  which  the  Commission  is  responsible,  the  nature  of  which 
shall  be  set  forth  in  its  minutes,  or  that  such  failure  was  due  to 
compulsory  attendance  before  any  Court  or  other  public  authority 
having  the  power  to  compel  such  attendance. 

12.  No  person  who  has  entered  any  examination  for  appoint- 
ment to  a  competitive  position  and  failed  therein  or  who  has 
withdrawn  therefrom,  shall  be  admitted  within  nine  months  from 
the  date  of  such  examination  to^  a  new  examination  for  the  same 
position. 

For  reasons  to  be  set  forth  in  its  minutes,  this  provision  may 
be  waived  by  the  Commission,  with  relation  to  all  such  candidates 
in  a  given  examination  but  not  to  any  individual. 

13.  No  person  shall  be  admitted  to  an  examination  whose  ap- 
plication therefor  has  not  been  presented  and  accepted  under  the 
conditions  of  Rule  VIII. 

14.  The  Commission  may  refuse  to  examine  or,  after,  examina- 
tion, to  certify,  an  applicant  who  is  found  to  lack  any  of  the  estab- 
lished preliminary  requirements  for  the  examination  or  position 
for  which  he  applies ;  or  who  is  found  physically  unfit  to  perform 
the  duties  attaching  to  such  position,  or  who  is  addicted  to  the 
habitual  use  of  intoxicating  beverages  to  excess ;  or  who  has  been 
guilty  of  a  crime  or  of  infamous  or  notoriously  disgraceful  con- 
duct ;  or  who  has  within  two  years  been  dismissed  from  the  public 
service  for  delinquency  or  misconduct ;  or  who  has  intentionally 
made  a  false  statement  of  any  material  fact,  or  practiced  or  at- 
tempted to  practice  any  deception  or  fraud  in  his  application,  or 
in  his  examination,  or  in  securing  his  eligibility  or  appointment. 

Where  action  is  taken  under  this  clause  the  name  of  the  person 
affected,  if  it  be  upon  any  list,  shall,  after  due  notice  to  such  person, 
and  an  opportunity  to  be  heard  if  he  so  desires,  be  stricken  from 
such  list. 


15 
Rule   VIII. 

FILING  OF  APPLICATIONS. 

1.  Applications  for  examination  for  positions  in  the  Competitive 
Class  shall  be  addressed  to  the  Commission  on  a  prescribed  form, 
in  the  handwriting  of  the  applicant,  and  accompanied  by  such 
certificates  or  other  evidences  as  to  citizenship,  character,  condi- 
tion of  health,  education,  previous  employment,  training  and  fit- 
ness as  the  Commission  may  require. 

The  statements  of  the  applicant  in  these  particulars  shall  be 
made  under  oath,  properly  attested. 

2.  Every  application  shall  bear  the  certificate  of  four  reputable 
citizens,   whose  residences   or  places  of  business  are  within   the 
City    of    New    York,    to    the    effect    that   they    have    personally 
known  the  applicant  for  not  less  than  one  year,  that  they  have 
read   his   statements   and   believe   them   to   be   correct,   and   that 
they  will,  upon  request,  give  such  further  facts  concerning  him 
as  they  may  possess  either  for  the  files  of  the  Commission  or  for 
the  information  of  appointing  officers. 

If  the  previous  occupation  or  employment  of  the  applicant  has 
been  wholly  or  in  part  outside  the  City  of  New  York  not  more 
than  two  of  the  said  certificates  may  be  accepted,  in  the  discre- 
tion of  the  Commission,  from  persons  resident  or  engaged  in  business 
elsewhere ;  but  no  such  certificate  shall  be  accepted  from  a  near  rela- 
tive of  the  applicant,  or  from  any  person  the  character  of  whose 
business,  in  the  judgment  of  the  Commission,  may  disqualify  him 
as  a  fit  voucher. 

3.  The  Commission  shall,  by  regulation  or  otherwise,  fix  the 
limits  of  time  between  which  applications  for  a  given  examination 
shall  be  presented ;  but  such  period  shall  in  no  case  be  less  than  two 
weeks,  and  there  shall  be  not  less  than  five  days  between  the  last 
date  for  the  presentation  of  applications  and  the  date  of  examina- 
tion. 

No  application  shall  be  accepted  from  any  person  who  has  failed 
to  fill  out  properly  the  application  form,  or  to  furnish  the  required 
certificates  or  other  preliminary  evidences  of  fitness;  or  who  is 
barred  by  any  of  the  provisions  of  Clause  3  of  Rule  II  or  of  Clause 
14  of  Rule  VII;  or  who  has  already  on  file  an  application  entitling 
him  to  enter  the  examination  sought. 


i6 

4.  An  application  presented  within  the  prescribed  limits  of  time, 
but  found  to  be  defective,  shall  be  suspended,  and  notification  shall 
be  given  to  the  applicant  of  the  particulars  in  which  it  requires 
correction.     Such  an  application  shall  be  accepted  if  corrected  and 
returned  before  the  date  of  examination,  but  not  otherwise. 

5.  Applications  when  presented  shall  be  dated,  numbered  and 
recorded  in  the  order  of  their  receipt.    An  application  that  has  been 
accepted  and  filed  shall  not  be  returned  for  any  reason  to  the  appli- 
cant. 

6.  A  person  claiming  rights  of  preference  as  a  veteran  shall  file, 
with  his  application,  proof  of  such  veteranship  and  of  his  residence 
within  the  State  of  New  York. 

7.  Application  forms  shall  be  furnished  to  intending  applicants, 
upon  personal  or  written  request,  at  the  office  of  the  Commission, 
and  shall  be  procurable  there  only. 


Rule   IX. 

MARKING  AND   RATING. 

» 

1.  The  examination  papers  shall  be  rated,  in  each  case,  by  at 
least  two  examiners  assigned  therefor,  who  shall  review  them  sepa- 
rately and  after  such  rating  is  completed  shall  affix  to  each  a 
mark  expressing  the  average  of  their  judgment,  attested  by  their 
respective  signatures  or  initials.     The  marking  shall  be  strictly 
comparative  and  according  to  such  standards  of  proficiency  as  the 
needs  of  the  service  may  require.     Each  subject  shall  be  marked 
upon  a  scale  of  100,  which  shall  represent  the  maximum  possible 
attainment. 

2.  Every  candidate  who  receives  a  general  average  marking 
of  not  less  than  70  per  cent.,  and  who  has  received  not  less  than 
20  per  cent,  in  any  required  subject,  or  not  less  than  75  per  cent, 
in  any  technical  subject,  when  the  examination  is  for  a  position  of 
scientific,  professional  or  technical  nature,  shall  be  eligible  for 
certification  and  appointment  in  the  manner,  and  under  the  con- 
ditions, hereinafter  prescribed. 


17 

3.  Where  the  Chief  Examiner  is  satisfied,  through  investiga- 
tion made  under  his  direction,  or  otherwise,  that  the  general  char- 
acter or  the  reputation  of  a  candidate  whose  papers  have  been 
marked  is  not  good,  or  that  he  is  debarred  by  any  of  the  provi- 
sions of  Clause   14  of  Rule  VII,  the  name  of  such  candidate 
shall  not  be  placed  on  any  eligible  list ;  but  all  action  under  this 
clause  shall  be  reported  in  writing,  with  the  reasons  therefor,  to 
the  Commission  and  shall  be  subject  to  the  Commission's  ap- 
proval.    The  burden  of  proof  of  good  character  shall  be  upon 
the  candidate  who  may,  where  doubt  exists,  be  required  to  furnish 
evidence  thereof  additional  to  the  certificates  required  at  the  time 
of  his  application. 

4.  The  Secretary,  as  early  as  practicable  after  the  completion 
of  an  examination,  shall  notify  each  candidate  therein  of  the  rating 
he  has  received,  and,  if  such  rating  be  above  the  required  minimum, 
of  his  comparative  standing.    He  shall  likewise  notify  any  candidate 
who,  though  admitted  to  the  examination,  has  been  rejected  for 
reasons  other  than  failure  to  receive  the  required  minimum,  stating 
such  reasons  specifically.    Any  candidate  receiving  any  such  notice 
may  personally  inspect  his  examination  papers,  at  any  time,  during 
the  office  hours  of  the  Commission,  and  in  the  presence  of  such 
officer  or  employee  as   the   Commission   from   time   to  time   may 
designate. 

5.  No  examination  paper  or  any  part  thereof,  and  no  record  of 
the  results  of  a  physical  test,  or  any  other  record  or  statement  rated 
as  part  of  an  examination,  or  in  connection  therewith,   shall  be 
subject  to  review,  alteration  or  rerating  after  the  marks  of  the 
examiners  have  been  registered  or  attested  as  required  hereunder; 
except  that  the  Commission,  at  any  time  within  a  year  from  the 
date  of  the  certification  of  an  examination,  may  correct  any  mani- 
fest error  or  mistake  of  marking  or  rating  appearing  in  any  such 
paper  or  record,  the  nature  of  which  it  shall  set  forth  in  its  minutes ; 
such  correction,  in  any  case,  to  be  without  prejudice,  to  the  status 
of  any  person  previously  appointed  as  a  result  of  such  examination. 


18 

Hule  X. 

ELIGIBLE'  LISTS. 

1.  The  results  of  each  examination  shall  be  reported  by  the  Chief 
Examiner  to  the  Secretary,  who  shall  enter  the  names  of  the  persons 
passing,  in  the  order  of  their  average  rating,  on  the  proper  list  of 
eligibles;  provided  that  the  names  of  veterans  so  passing  shall  be 
entered,  in  the  order  of  average  rating,  at  the  head  of  such  list.    The 
date  of  the  establishment  of  a  list  shall  be  the  date  of  such  report. 

2.  When  two  or  more  eligibles  on  a  list  have  the  same  average 
rating,  preference  in  certification  shall  be  determined  by  the  order 
in  which  their  applications  were  filed,  or,  if  the  examination  be  for 
promotion,  by  the  order  of  their  original  appointment  in  the  depart- 
ment or  other  division  of  the  service  in  which  the  promotion  occurs. 

3.  The  term  of  an  eligible  list  shall  be  not  less  than  one  year  nor 
more  than  four  years  from  the  date  of  its  establishment.     An  eligible 
list  that  has  been  in  force  for  one  year,  except  for  the  position  of 
temporary  clerk,  shall  terminate  whenever  a  new  list  is  established 
under  the  same  title,  and,  in  case  of  a  graded  position,  for  the  same 
grade  or  grades. 

Persons  whose  names  appear  on  a  list  about  to  be  terminated 
shall  be  notified  of  the  new  examination,  in  the  same  manner  that 
applicants  therefor  are  notified,  and  shall  be  informed  that,  upon 
the  establishment  of  the  new  list,  their  original  eligibility  shall  cease. 

4.  All  eligible  lists  shall  be  published,  as  early  as  may  be  prac- 
ticable after  their  establishment,  in  the  "  City  Record." 


Rule   XI. 

CERTIFICATION  AND  APPOINTMENT. 

i.  Selections  for  appointment  to  all  positions  in  the  Competitive 
Class  not  filled  by  promotion,  reduction,  transfer  or  reinstatement 
shall,  except  as  provided  in  Rule  XII,  be  made  in  the  following 
manner: 

The  appointing  officer  shall  notify  the  Commission  of  the  title 
of  the  position,  the  duties  to  be  performed  and  the  compensation  to 
be  paid.  The  Commission  shall  thereupon  certify  to  such  appointing 
officer  from  the  eligible  list  most  nearly  appropriate  to  such  position, 


19 

and  for  the  grade  thereof,  if  in  a  graded  service,  the  three  names 
at  the  head  thereof;  provided  that,  except  in  the  case  of  a  veteran, 
no  such  name  shall  be  certified  more  than  three  times  to  the  same 
appointing  officer  for  the  same  or  a  similar  position,  unless  at  such 
officer's  request.  The  relative  rating  of  each  candidate  shall  be 
stated  in  the  certification,  and,  if  the  appointing  officer  requests, 
the  application  and  examination  papers  of  each  shall  be  submitted 
(or  his  inspection,  at  the  office  of  the  Commission.  Certification 
shall  be  made  without  regard  to  sex  unless  sex  is  specified  in  the 
requisition. 

The  appointing  officer  shaft  make  selection,  with  reference  solely 
to  merit  and  fitness,  from  the  three  names  certified,  unless  objection 
shall  be  made,  and  sustained  by  the  Commission,  to  one  or  more  of 
the  persons  named,  fqr  any  of  the  reasons  stated  in  paragraph  14 
of  Rule  VII,  in  which  case  the  certification  of  three  names  shall 
be  completed  by  addition  of  the  name  or  names  next  following 
upon  the  eligible  list.  If  there  be  more  than  one  vacancy  to  be 
filled  names  shall  be  certified  and  selection  shall  be  made  for  each 
of  such  vacancies  in  the  same  manner. 

2.  The  person  selected  shall  be  duly  notified  by  the  appointing 
officer,  and,  upon  accepting  and  reporting  for  duty,  shall  receive 
from  such  officer  a  certificate  of  appointment  for  a  probationary 
period  of  three  months;  except  in  the  Police  or  the  Fire  Service, 
where  such  period  shall  be  one  month.     If  his  conduct  or  capacity 
on  probation  be  unsatisfactory  to  the  appointing  officer  the  proba- 
tioner shall  be  notified  in  writing  that  at  the  end  of  such  period  he 
shall,  for  that  reason,  not  be  retained;  his  retention  in  the  service 
otherwise  shall  be  equivalent  to  permanent  appointment. 

3.  A  probationer  separated  from  the  service  for  any  reason  other 
than  fault  or  delinquency  shall  be.  restored  to  the  eligible  list  from 
which  he  was  selected,  with  the  same  relative  standing,  and  the 
time  during  which  he  has  actually  served  shall  be  deducted  from 
the  period  of  probation  if  he  be  again  selected  by  the  same  appoint- 
ing officer.     When  two  or.  more  persons  selected  from  the  same 
eligible  list  are  serving  as  probationers  under  the  same  appointing 
officer,  and  a  reduction  of  force  is  necessary,  they  shall  be  preferred 
for  retention  in  the  order  of  their  original  standing  on  such  list. 

4.  The  name  of  any  person  certified  as  eligible  for  a  probationary 
appointment  who  shall  decline  such  appointment  shall  be  stricken 


2O 

from  the  list  from  which  such  certification  is  made,  unless  such 
declination  be  for  one  of  the  following  reasons : 

(a)  Residence  in  a  borough  other  than  that  in  which  the  duties 
are  to  be  performed;  (b)  insufficiency  of  the  compensation  offered, 
if  such  compensation  be  lower  than  the  amount  or  the  maximum 
amount  stated  in  the  announcement  of  examination;  or  (c)  tempo- 
rary inability,  physical  or  otherwise,  the  evidences  of  which  must 
be  acceptable  to  and  approved  by  the  Commission  and  set  forth  in 
its  minutes. 

The  failure  of  an  eligible  person  to  respond  within  four'  days  to 
an  offer  of  appointment  sent  to  his  post-office  address  shall  be 
considered  a  declination. 

An  eligible  who  has  declined  appointment  by  reason  of  the 
insufficiency  of  the  compensation  offered  shall  not  be  again  certified 
for  a  position  at  the  same  or  any  less  compensation,  and  whenever 
one  or  more  eligibles  shall  have  declined  appointment  to  any  posi- 
tion for  such  reason,  and  an  eligible  whose  standing  is  lower  is 
appointed  thereto,  the  compensation  of  such  appointee  shall  not  be 
increased  within  one  year  thereafter  beyond  the  amount  offered  to 
any  person  so  declining. 

On  notification  from  an  appointing  officer  that  a  person  named 
in  a  certification  has  declined  appointment,  and  on  receipt  from 
such  officer  of  such  declination  in  writing,  or  of  evidence  of  the 
failure  of  such  person  to  respond  to  a  notice  properly  sent,  such 
certification  shall  be  completed  by  addition  of  the  name  of  the  eligible 
next  in  order. 

5.  No  certification  shall  remain  in  force  for  a  longer  period  than 
fifteen  days.     Until  such  certification  has  been  exhausted  or  termi- 
nated no  new  certification  shall  be  made  for  the  same  position,  but 
the  names  of  the  persons  certified  may  be  certified  for  any  similar 
position. 

6.  Every  person  selected  for  appointment  shall  be  required  ta 
fill  out  and  sign,  in  the  presence  of  the  appointing  officer  or  his 
representative,  an  identification  sheet,  repeating  the  essential  facts 
stated  by  him  at  the  time  of  examination,  which  shall  be  forwarded 
to  the  Commission  with  the  notice  of  appointment  and  filed  with 
the  appointee's  application  papers. 

If  a  person  who  is  not  entitled  to  certification  is  certified  and 
appointed,  his  appointment,  upon  due  notification  from  the  Com- 
mission to  the  appointing  officer,  shall  be  revoked. 


21 

Rule  XII. 

TEMPORARY   AND   EXCEPTIONAL  APPOINTMENTS. 

1.  When  services  are  to  be  rendered  of  a  temporary  character,  and 
for  a  limited  period,  the  appointing  officer  shall  inform  the  Commis- 
sion, stating  the  duration  of  such  period,  the  rate  of  compensation  and 
other  conditions  of  employment,  and  may  select  for  such  employ- 
ment one  of  the  first  three  persons  on  the  appropriate  eligible 
list  who,  after  due  notice  of  the  conditions,  are  willing  to  accept 
certification  therefor;  but  successive  temporary  appointments  shall 
not  be  made  under  this  clause,  nor  shall  any  person,  be  eligible  to 
temporary  apointment  if  he  has  served  under  either  a  temporary  or 
a  provisional  appointment  in  the  same  department  within  the  pre- 
vious three  months.     Neither  acceptance  nor  declination  of  any 
such  temporary  employment  shall  affect  the  right  of  an  eligible  to 
continued    certification    for    permanent    appointment;    nor    shall 
acceptance  confer  upon  such  eligible  any  of  the  rights  of  promotion, 
transfer  or  reinstatement. 

2.  The   Commission   shall   establish   and   maintain   a   separate 
eligible  list  of  persons  willing  to  accept  temporary  employment  as 
clerks,  under  the  conditions  of  the  preceding  clause.    If  the  appoint- 
ing officer  shall  certify  that  the  services  of  a  person  appointed  from 
such  list  have  been  satisfactory  the  name  of  such  person  shall,  at 
the  termination  of  such  temporary  employment,  be  placed  on  a 
preferred  list,  from  which  he  shall  be  eligible  for  re-employment 
for  any  similar  service,  under  the  conditions  of  Clause  i  of  Rule  XIII. 

When  a  sufficient  number  of  temporary  clerks  cannot  be  secured 
from  such  list,  or  from  any  other  appropriate  list,  additional  clerks 
may  be  employed  without  examination, in  the  following  cases  ;  but 
the  appointing  officer  in  each  such  case  shall  report  to  the  Commis- 
sion the  names  of  the  persons  so  employed,  the  character  of  their 
previous  occupation,  the  terms  of  their  employment  by  him  and  the 
rate  of  compensation  to  be  paid  them: 

(a)  In  the  office  of  the  Receiver  of  Taxes,  Department  of  Finance,  for  the 
period  between  September  i  and  January  I  of  each  year; 

(&)  In  the  office  of  the  Collector  of  Assessments  and  Arrears,  Department 
of  Finance,  for  the  period  between  August  15  and  December  15  of  each  year; 

(c)  In  the  office  of  the  Registrar  of  Water  Rates,  Department  of  Water 
Supply,  Gas  and  Electricity,  for  the  period  between  May  i  and  August  I  of 
each  year; 


22 

(d)  In  the  office  of  the  Bureau  of  Elections,  at  times  of  election  or  regis- 
tration, for  a  period  of  not  exceeding  forty  days. 

3.  Whenever  there  are  urgent  reasons  for  filling  a  vacancy  in 
any  permanent  position  in  the  Competitive  Class,  and  there  is  no 
existing  appropriate  eligible  list,  the  appointing  officer  may  nomi- 
nate a  person  to  the  Commission  for  non-competitive  examination, 
and  if  such  nominee  shall  be  certified  by  the  Chief  Examiner  as 
qualified,  after  such  examination,  he  may  be  appointed,  provision- 
ally, to  fill  such  vacancy  until  an  appropriate  eligible  list  is  estab- 
lished.    The  competitive  examination  for  such  position  shall,  in 
such  case,  be  ordered,  in  the  manner  provided  by  Rule  VII,  for  a 
date  not  later  than  three  weeks  from  the  date  of  such  provisional 
appointment,  and  the  papers  in  such  examination  shall  be  marked 
in  advance  of  other  papers  in  the  hands  of  the  examiners.     Such 
provisional  appointment  shall  not  continue  for  more  than  ten  days 
after  an  appropriate  list  has  been  established,  nor  for  a  longer 
period,  in  any  case,  than  two  months;  nor  shall  successive  provi- 
sional appointments   be   made   to   the   same   position   under   this 
provision. 

4.  Where  there  is  a  vacancy  of  an  emergency  character  in  a 
position  in  the  competitive  class,  and  it  is  not  practicable  either  to 
secure  a  person  by  certification  from  an  eligible  list  or  to  conduct 
a  non-competitive  examination  in  the  absence  of  such  a  list  in  time 
to  meet  such  emergency,  an  appointment  may  be  made  without 
certification  or  examination,  subject  to  the  subsequent  approval  of 
the  Commission,  and  for  a  period  not  exceeding  one  week,  except 
that  in  the  Department  of  Bridges  Inspectors  of  Masonry  may  be 
so  appointed  for  caisson  work  for  a  period  not  exceeding  fifteen 
days;  but  successive  appointments  shall  not  be  made  under  this 
provision. 

5.  Where  there  is  a  vacancy  in  any  position  in  the  Competitive 
Class  demanding  peculiar  and  exceptional  qualifications  of  a  scien- 
tific, professional  or  educational  character,  and  upon  satisfactory 
evidence  that  for  specified  reasons  competition  in  such  special  case 
is  not  practicable,  and  that  the  position  can  best  be  filled  by  the 
selection  of  some  designated  person  of  high  and  recognized  attain- 
ments in  such  qualities,  the  Commission  may  suspend  the  provisions 
of  the  rules  requiring  competition  in  such  case ;  but  no  such  suspen- 
sion shall  be  general  in  its  application  to  such  position. 


23 

6.  The  Commission  may,  by  resolution,  except  from  competitive 
examination  any  person  engaged  in  private  business  who  shall 
render  any  professional,  scientific,  technical  or  expert  service  of  an 
occasional  and  exceptional  character  to  any  city  officer,  and  the 
amount  of  whose  compensation  in  any  one  year  shall  not  exceed 
$250;  provided  that  such  limitation  of  compensation  shall  not  apply 
to  any  person  so  employed  by  the  Mayor  or  Corporation  Counsel; 
and  provided  further,  that  the  Commission  may,  by  resolution, 
approved  by  the  Mayor  and  the  State  Civil  Service  Commission, 
suspend  such  limitation  in  other  cases. 

7.  The  Commission  may,  by  resolution,  except  from  competitive 
examination  any  person  who  is  to  be  appointed  for  service  in  a 
locality  outside  the  City  of  New  York  who  is  a  resident  of  such 
locality,  arM  when  appointment  for  such  service  from  an  eligible  list 
is  found  to  be  not  practicable;  but  no  such  person  shall  be  eligible 
for  transfer  or  assignment  to  work  within  the  city. 

8.  All  exceptions  from  competitive  examination  under  this  rule, 
with  the  circumstances  thereof,  shall  be  stated  by  the  Commission 
in  its  annual  report. 


Rule  XIII. 

SUSPENSION   AND   REINSTATEMENT. 

i.  Whenever  any  permanent  position  in  the  Competitive  Class 
is  abolished  or  made  unnecessary,  or  whenever  the  number  of  posi- 
tions of  a  certain  character  is  reduced,  the  person  or  persons  legally 
holding  such  positions  shall  be  deemed  to  be  suspended  without 
pay,  and  the  names  of  such  persons  shall,  on  due  notification  from 
the  appointing  officer,  be  placed  by  the  Commission  on  a  special 
list,  under  such  classified  title  and  corresponding  to  such  competi- 
tive eligible  list  as,  in  the  judgment  of  the  Commission,  most  nearly 
cover  the  class  of  duties  performed  by  such  persons  in  the  position 
from  which  suspension  is  made.  For  a  period  of  one  year  from  the 
date  of  suspension  such  persons  shall  be  entitled  to  reinstatement  in 
any  position,  or  any  grade  of  such  position,  for  which  certification 
from  such  corresponding  eligible  list  might  be  made,  and  the  Secre- 
tary shall  certify  their  names  to  the  proper  appointing  officer  as 


24 

entitled  to  such  reinstatment,  in  the  order  of  the  dates  of  their 
original  appointment  to  the  Classified  Service,  before  certification 
is  made  from  such  corresponding  eligible  list  for  any  such  vacancy; 
provided  that  such  persons  shall- be  selected  for  certification,  first, 
for  a  position  the  same  as  that  from  which  suspension  was  made,  if 
the  vacancy  exists  in  such  a  position,  and  second,  for  corresponding 
or  similar  positions. 

A  person  so  certified  who  declines  to  accept  a  reinstatement, 
except  for  one  of  the  reasons  and  under  the  conditions  stated  in  sub- 
division 4  of  Rule  XI,  shall  be  considered  to  be  permanently  sepa- 
rated from  the  service. 

2.  The  provisions  of  the  foregoing  clause  shall  not  apply  to  any 
person  who  resigns  his  position  or  who  is  suspended  or  removed 
therefrom  for  any  reason  other  than  those  therein  specified.    Leaves 
of  absence  without  pay  may  be  granted  by  an  appointing  officer, 
without  conflict  with  such  provisions,  where  such  absence  does  not 
exceed  thirty  days,  or  in  case  of  sickness  six  months;  but  the  Com- 
mission, in  exceptional  cases,  the  circumstances  of  which  shall  be 
stated  in  its  minutes  and  in  its   annual   report,  may   extend   such 
periods.    Absence  without  leave  for  a  period  of  five  days,  unless  it 
be  subsequently  shown  that  such  absence  was  unavoidable,  shall  be 
construed  as  a  resignation. 

3.  A  person  who  has  resigned  from  a  permanent  competitive 
position,  or  who  has  been  removed  or  otherwise  separated  therefrom 
for  any  cause  other  than  fault  or  delinquency  on  his  part,  may  be 
reinstated  without  examination,  at  any  time  within  one  year  from 
the  date  of  such  separation,  in  a  vacant  position  in  the  same  class 
and  grade,  provided  that  for  original  entrance  to  such  position  there 
is  not  required  by  these  rules,  in  the  judgment  of  the  Commission, 
an  examination  involving  tests  or  qualifications  different  from  or 
higher  than  those  involved  in  the  examination  for  appointment  to 
the  position  formerly  held  by  such  person.     But  no  person  shall  be 
so  reinstated  who  at  any  time  within  a  year  prior  to  the  date  of  his 
separation  from  the  service  had  been  eligible  for  reinstatement  as 
a  suspended  employee. 

The  Commission  may  in  its  discretion  extend  the  period  during 
which  reinstatement  may  be  made  under  this  clause  where  the 
person  seeking  reinstatement  resigned  his  position  in  order  to  serve 


25 

in  the  Army  or  Navy  of  the  United  States  in  time  of  war,  and  has 
received  an  honorable  discharge  therefrom. 

4.  Upon  the  written  request  of  an  appointing  officer,  stating  the 
essential  facts  regarding  a  reinstatement  proposed  under  the  fore- 
going clause,  the  Commission  will,  if  such  reinstatement  be  in 
accordance  with  law  and  these  rules,  issue  its  certificate  to  that 
effect  to  such  officer,  but  no  such  reinstatement  shall  be  made  or 
recognized  until  after  the  issuance  of  such  certificate. 


Rule  XIV. 

TRANSFER. 

1.  A  person  who  has  been  permanently  appointed  to  a  position 
in  the  Competitive  Class  may  be  transferred  without  examination 
to"  a  similar  position  in  such  class,  or  to  a  position  of  the  same  grade 
thereof,  if  it  be  in  a  graded  service,  in  any  other  department,  office 
or  institution;  provided  that  for  original  entrance  to  the  position 
proposed  to  be  filled  by  transfer  there  is  not  required  by  these  rules, 
in  the  judgment  of  the  Commission,  an  examination  involving  tests 
or  qualifications  essentially  different  from  or  higher  than  those 
required  in  an  examination  for  original  entrance  to  the  position 
from  which  transfer  is  sought ;  or  provided  he  shall  have  passed  the 
examination  or  obtained  a  place  upon  the  eligible  list  in  force  for 
such  position;  and  provided  further  that  if  such  person  entered  the 
service  without  competitive  examination,  and  prior  to  the  require- 
ment thereof  in  the  case  of  the  position  held  by  him,  he  shall  have 
served  with  fidelity  for  at  least  three  years  in  such  position,  or  in 
a  similar  position. 

2.  A  person  may  be  transferred  from  a  position  in  one  class  to 
a  position  in  another  class,  or  from  a  position  in  any  grade  of  the 
Competitive  Class  to  a  different  grade  in  such  class,  who  has  served 
a  year  in  the  position  from  which  transfer  is  sought,  under  special 
authority  granted  by  the  Commission,  for  reasons  to  be  stated  in  its 
annual  report,  and  subject  to  the  provisions  of  Clause  I  of  this 
rule. 


26 

3.  A  person  who,  by  transfer  or  promotion  from  a  competitive 
position,  is  holding  a  position  in  another  class  or  in  another  grade, 
and  who  has  served  continuously  therein  from  the  date  of  such 
transfer  or  promotion,  may  be  retransferred,  without  the  application 
of  the  foregoing  restrictions,  either  to  the  position  originally  held 
by  him,  or  to  any  position  to  which  transfer  could  be  made  there- 
from. 

4.  Upon  the  written  request  of  an  appointing  officer,  stating  the 
facts  with  reference  to  a  proposed  transfer,  accompanied  by  the 
consent,  also  in  writing,  of  the  appointing  officer  from  whose  juris- 
diction the  transfer  is  to  be  made,  the  Commission  will,  if  such 
transfer  be  in  accordance  with  law  and  the  provisions  of  these  rules, 
issue  its  certificate  to  that  effect;  but  no  such  transfer  shall  be  made 
or  recognized  until  after  the  issuance  of  such  certificate. 


Rule  XV. 

PROMOTION. 

1.  Vacancies  in  positions  above  the  lowest  grade  in  any  Part  of 
the  Competitive  Class,  except  Part  I,  that  are  not  filled  by  original 
appointment,  transfer,  reinstatement  or  reduction,  shall  be  filled 
by  promotion,  based,  so  far  as  practicable,  on  competitive  tests. 

2.  Examinations  for  promotion  shall  be  ordered  as  often  as  may 
be  necessary  to  meet  or  to  anticipate  the  needs  of  the  higher  grades, 
and,    so   far   as   practicable,    shall    be    held    periodically.     Except 
where  otherwise  provided  by  law,  such  examinations  shall  be  open, 
in  each  case,  to  all  persons  who  shall  have  served  with  fidelity  for 
not  less  than  six  months  in  positions  of  the  same  group  or  general 
character  in  the  grade  next  lower,  in  the  same  department,  office 
or  institution;  except  that,  for  reasons  to  be  set  forth  in  its  minutes, 
and  where  permitted  by  law,  the  Commission  may  open  such  exam- 
ination to  persons  in  two  or  more  lower  grades  who  shall  have 
served  with  fidelity  for  not  less  than  six  months  in  the  positions 
held  by  them  respectively. 


27 

Notice  of  such  examination  shall  be  given  by  the  Secretary  to 
all  eligible  persons  in  the  grade  or  grades  from  which  promotion 
is  to  be  made  at  least  one  week  in  advance  of  the  date  thereof. 

3.  A  position  in  any  of  the  aforesaid  Parts  the  compensation 
of  which  is  not  identical  with  that  specified  in  the  Classification 
for  any  grade  of  such  Part  shall,  for  purposes  of  promotion,  be 
deemed  as  of  the  grade  the  compensation  of  which  is  spepified  as 
next  lower  than  the  compensation  paid. 

4.  No  such  examination  shall  be  held  under  any  title  not  desig- 
nated in  the  Classification ;  except  that,  for  reasons  to  be  stated  in 
its  minutes,  the  Commission  may  hold  an  examination  under  the 
office  title  of  a  position  above  Grade  4  of  the  Clerical  Service,  where 
the  duties  to  be  performed  are  of  a  fixed  and  distinctive  character, 
and  where  such  office  title  has  been  in  common  use  for  not  less 
than  a  year. 

5.  No  person  shall  be  admitted  to  an  examination  for  promotion 
who  lacks  any  preliminary  qualification  for  the  position  to  be  filled 
fixed  by  law,  or  by  these  rules  or  by  lawful  regulation  of  his  depart- 
ment, or  who  may  have  become  ineligible  for  any  of  the  causes  set 
forth  in  Clause  14  of  Rule  VII. 

6.  The  subjects  of  rating  and  the  relative  weights  thereof,  in  any 
competitive    promotion    examination    shall    be    as    follows:      For 
seniority  of  service  in  the  position  or  grade  from  which  promotion 
is  sought,  20;  for  comparative  conduct  and  efficiency  in  previous 
service  in  such  position  or  grade,  40;  and  for  written  papers  on 
pertinent  subjects,  40;  provided,  that  in  rating  for  seniority,  where 
more  than  one  grade  is  opened,  such  rating  shall  be  based  upon  the 
service  of  a  candidate  in  all  of  such  grades;  and  provided  further 
that  the  maximum  term  of  service  in  a  position  or  grade  to  be 
considered  in  rating  for  seniority  shall  be  fifteen  years. 

7.  To  provide  a  basis  of  rating  for  previous  service,  there  shall 
be  kept  in  each  department  or  office  continuous  and  permanent 
records  of  the  efficiency,  character  and  conduct  of  all  persons  em- 
ployed in  graded  positions  therein.     Such  records  shall  be  known 
as  "  Efficiency  Records,"  and  the  entries  made  therein  shall  have 
reference  to  (a)  the  quality  or  degree  of  excellence  of  the  services 
or  work  performed  by  each  such  officer  or  employee;  (6)  the  quan- 
tity of  work  performed  by  him,  where  such  work  is  of  a  character 
permitting  definite  estimation;  (c)  his  aptitude  and  capacity  for 


28 

initiative;  (rf)  his  punctuality  and  attendance;  and  (e)  his  character 
and  habits,  in  so  far  as  they  affect  his  efficiency  or  trustworthiness. 
Such  records  shall  be  established  by  each  officer  having  the 
power  of  appointment  to  such  positions  within  six  months  after  the 
taking  effect  of  this  rule,  and  shall  be  subject  to  the  prior  approval 
of  the  Commission  as  to  their  scope  and  form. 

8.  The  entries  upon  an  efficiency  record  shall  be  made  by  the 
administrative  officer  most  closely  in  touch  with  the  work  of  the 
officer  or  employee  to  be  rated,  who  shall  be  designated,  for  such 
purpose,  by  the  appointing  officer.     On  the  first  days  of  April  and 
October,  respectively,  in  each  year,  the  appointing  officer  shall 
certify  and  transmit  to  the  Commission  a  transcript  or  summary  of 
such  record,,  indicating,  under  the  appropriate  heads,  the  compara- 
tive character  of  the  service  of  each  such  officer  or  employee,  and 
specifying  all  acts  or  performances  in  the  line  of  duty,  and  all 
rewards,  or  measures  of  discipline,  that  are  to  the  credit  or  discredit 
of  each;  and,  whenever  the  Commission  so  requires,  he  shall  trans- 
mit, in  advance  of  a  particular  examination,  a  like  certification  of 
the  full  record  of  each  candidate  for  service  and  efficiency  in  the 
grade  or  position  from  which  he  seeks  promotion.     The  efficiency 
record  shall  serve  as  the  basis  of  rating  for  that  part  of  the  previous 
service  of  a  candidate  that  it  covers.     For  periods  of  service  prior 
to  the  establishment,  or  in  the  absence  of,  any  such  record  such 
rating  shall  be  based  upon  such  certificates,  covering  the  several 
elements  of  service  herein  specified,  in  such  form  as  the  Commission 
may  require. 

Whenever,  in  the  judgment  of  the  Chief  Examiner,  more  exact 
information  is  required,  for  the  purposes  of  such  rating,  than  that 
given  in  any  summary,  the  original  record  may  be  consulted  in  such 
case.  Such  records  shall  be  open  either  to  the  Chief  Examiner,  or 
to  any  examiner  designated  by  him;  and,  at  reasonable  times,  to 
any  officer  or  employee  whose  conduct  is  noted  therein. 

9.  Whenever  there  are  less  than  three  persons  eligible  for  promo- 
tion to  fill  a  vacancy  in  a  graded  position,  and  willing  to  compete 
therefor,  an  eligible  nominated  by  the  appointing  officer  may  be 
promoted  to  the  grade  next  higher  upon  a  statement  of  the  facts 
to  the  Commission,  and,  on  passing  a  non-competitive  examination, 
similar  in  scope,  subjects  and  preliminary  conditions  to  such  exam- 
ination as  would  have  been  prescribed  in  case  of  competition. 


29 

10.  Whenever  a  vacancy  exists  or  is  anticipated  in  a  position  in 
the  Ungraded  Service  which,  in  the  opinion  of  the  appointing  officer, 
or  of  the  Commission,  can  be  filled  satisfactorily  by  a  selection  for 
promotion  from  among  persons  holding  positions  of  lower  but 
corresponding  character,  the  Commission  may  order  a  competitive 
examination  for  such  promotion,  open  to  all  persons  who  shall  have 
served  with  fidelity  for  not  less  than  six  months  in  such  lower  posi- 
tion. 

11.  Whenever  a  vacancy  exists  or  is  anticipated  in  a  position  in 
the  Ungraded  Service,  or  in  the  lowest  grade  of  the  Street  Cleaning 
Service,  which,  in  the  opinion  of  the  Commission,  can  be  filled  sat- 
isfactorily by  the  promotion  of  persons  employed  in  a  position  of 
lower  but  corresponding  character  in  the  Labor  Class,  the  Commis- 
sion may,  by  resolution,  order  a  competitive  examination  for  such 
promotion  open  to  all  persons  who  have  served  with  fidelity  for  not 
less  than  three  years  in  such  lower  position. 

The  subjects  and  weights  for  any  examination  held  under  this 
clause,  or  the  clause  preceding,  shall  be  fixed  as  in  the  case  of  an 
examination  for  original  appointment  to  the  position  to  be  filled; 
except  that  due  weight  shall  be  given  to  the  elements  of  seniority 
and  relative  efficiency  in  previous  service. 

12.  Any  person  in  the  Competitive  Service  who  shall  have 
passed  an  examination  for  either  appointment  or  promotion  cover- 
ing in  its  scope  a  higher  grade  or  compensation  than  that  of  the 
position  he  holds,  shall,  if  not  otherwise  disqualified,  be  eligible  for 
promotion  or  advancement  to  such  higher  grade  or  compensation 
without  further  examination  under  this  Rule. 

13.  No  recommendation  for  the  promotion  of  any  person  in  the 
Classified  Service  shall  be  considered  by  any  officer  concerned  in 
making  promotions  unless  it  shall  be  made  by  an  officer  under 
whose  supervision  such  person  has  served;  such  recommendation 
by  any  other  person,  if  made  with  th'e  knowledge  and  consent  of  the 
person  to  whom  it  relates,  shall  be  sufficient  cause  for  debarring 
such  person  from  the  promotion  proposed,  and  a  repetition  of  the 
offense  shall  be  sufficient  cause  for  his  removal. 

14.  Except  as  this  rule  otherwise  provides,  the  conduct  of  an 
examination  for  promotion  and  the  making  of  selections  therefor 
from  any  eligible  list  formed  as  the  result  of  such  examination,  shall 
be  governed  by  the  rules  relating  to  original  appointment. 


Rule  XVI. 

REMOVALS. 

1.  No  person  holding  a  position  in  the  service  of  the  city  shall 
be  removed  from  such  position,  except  in  the  manner  prescribed 
by  the  Charter  and  the  Civil  Service  Law;  and  the  officer  charged  with 
the  power  of  removal,  in  each  case,  shall  transmit  to  the  Commission, 
with  the  report  of  his  action  required  under  Rule  XX,  a  copy  of 
the  reasons  therefor,  or  of  the  findings  of  any  trial  board  or  officer, 
as  stated  to  the  person  removed,  and  as  filed  in  the  department  or 
office. 

2.  No  person  who  is  an  honorably  discharged  soldier,  sailor  or 
marine,  having  served  as  such  in  the  Union  Army  or  Navy  during 
the  War  of  the  Rebellion,  or  in  the  volunteer  army  or  navy  of  the 
United  States  during  the  Spanish  War,  or  who  is  a  veteran  volun- 
teer fireman,  shall  be  removed  from  any  position  in  the  Classified 
Service  except  in  the  manner  prescribed  by  section  21  of  the  Civil 
Service  Law. 

3.  The  provisions  of  this  rule  shall  apply  to  the  removal  of  any 
person  from  a  graded  position  by  reduction  to  a  position  in  a  lower 
grade,  but  shall  not  apply  to  a  suspension  from  service  for  lack  of 
work  or  reduction  of  force. 


Rule  XVII. 

SPECIAL  PROVISIONS  AFFECTING  THE  POLICE  AND 
FIRE  SERVICES. 

i.  Before  admission  to  an  examination  for  the  Police  or  the 
Fire  Service,  each  applicant  therefor,  whose  application  has  been 
accepted,  shall  be  subjected  to  medical  and  physical  tests  having 
reference  to  (a)  measurements  of  weight,  height  and  chest  expan- 
sion and  mobility;  (6)  sight  and  hearing;  (c)  habits  as  to  the  use  of 
stimulants  and  narcotics;  (d)  general  organic  condition,  and 
(*)  previous  condition  of  health.  The  medical  and  physical  exam- 
iners shall  report  to  the  Commission  in  writing  the  results  of  such 


tests,  and  no  applicant  shall  be  admitted  to  the  examination  who  is 
not  certified  by  them  to  be  qualified  and  sound  in  each  of  the  afore- 
said particulars. 

2.  The  minimum  relative  measurements  required  shall  be  as 
follows : 


FIREMEN. 

Height. 

Weight. 

PATROLMEN. 

Expansion. 

Mobility. 

Expansion. 

Mobility. 

3SX       " 

2             " 

5   "     7% 

138         " 

33  !4  inches. 

2      inches. 

35  K       " 

2^        " 

5   "     8 

140         " 

33^'       " 

»K        " 

36 

2^        " 

5   "     9 

145 

34           " 

2K          " 

36 

»H    " 

5   "    10 

150         " 

34 

2^           " 

36K       " 

2%       " 

5   "    ii            " 

155 

34'/2        " 

2M           " 

36'A       " 

3         " 

6  "     o 

160        " 

34'^        " 

3 

37 

3         " 

6  "     i 

,65         " 

35 

3           " 

37 

3         " 

6    "       2 

170         " 

35          " 

3           " 

37           " 

3 

6  "     3 

i?5 

.  35%       " 

3           " 

37 

3%     " 

6   "     4 

180         " 

35>4       " 

3K        " 

37          " 

3%     " 

6   "     5 

185         " 

36 

31A        " 

3.  The  subjects  of  rating  in  such  examination,  and  the  relative 
weights  thereof,  shall  be  as  follows:     Physical  development,  20; 
strength,  20;  experience  and  previous  training,  10;  written  papers, 
covering  knowledge  of  the  ordinary  functions  of  the  state  and  city 
governments,  information  as  to  city  streets  and  localities,  writing 
from  memory  the  substance  of  orders  communicated  orally  or  other- 
wise, and  such  elementary  subjects  as  may  be  prescribed,  50. 

4.  No  applicant  shall  be  eligible  for  appointment  whose  ascer- 
tained average  on  either  the  physical  development,  strength,  or 
written  tests  is  less  than  70  per  cent.,  or  whose  general  average  is 
less  than  70  per  cent. 

5.  In  a  competition  for  promotion  in  the  Police  or  the  Fire 
Service,  the  written  examination  shall  cover:  the  writing  of  a  report 
to  a  superior  officer  on  some  designated  subject;  knowledge  of  the 
administration,  organization  and  discipline  of  the  Police  or  the 
Fire   Department;   knowledge  of  the  administrative   relations   of 


32 

such  department  with  .other  branches  of  the  city  government; 
knowledge  of  laws  or  ordinances  relating  to  Police  or  Fire 
duty;  knowledge  and  construction  of  departmental  rules  and  regula- 
tions; knowledge  of  the  simple  rules  of  evidence  (in  the  case  of  the 
Police  Service),  and  such  other  pertinent  subjects  as  the  Chief 
Examiner,  subject  to  the  direction  of  the  Commission,  may 
prescribe. 

Such  written  examination  shall  be  of  higher  and  more  exhaust- 
ive character  as  the  grade  examined  for  advances. 

6.  No  candidate  shall  be  eligible  for  promotion  whose  ascer- 
tained general  average  is  less  than  80  per  cent. 

7.  Whenever  a  position  in  either  the  Police  or  the  Fire  Service 
to  which  promotion  is  sought  calls  for  qualifications  of  a  special  or 
technical  character,  the  Chief  Examiner  may,  subject  to  the  direction 
of  the  Commission,  fix  such  subjects  therefor  as  may  be  appropriate, 
in  addition  to  those  required  for  the  promotion  in  grade;  but  such 
subjects  shall  conform  as  nearly  as  possible  to  those  set  for  similar 
positions  in  other  Parts  of  the  Competitive  Class. 

8.  The  position  of  engineer  of  steamer,  in  Grade  I  of  the  Fire 
Service,  shall  be  filled  by  special  competitive  examination,  open 
to  all  firejnen  of  the  First  Grade  as  defined  by  section  740  of  the 
City  Charter. 

9.  In  every  particular  not  herein  specified  appointments  or  pro- 
motions in  the  Police  or  the  Fire  Service  are  subject  to  the  general 
provisions  of  these  rules. 


Rule   Will. 

THE   NON-COMPETITIVE   CLASS. 

1.  The  positions  in  the  Non-Competitive  Class  shall  be  those  of 
a  minor  nature,  in  the  city  institutions  or  elsewhere,  that  it  is  not 
practicable  to  fill  either  through  competition  or  through  registration 
under  the  provisions  of  Rule  XIX,  and  that  are  specifically  desig- 
nated in  the  Classification. 

2.  In  each  department  or  institution  where  there  are  positions 
in  the  Non-Competitive  Class  there  shall  be  a  Board  of  Examiners 


33 

for  such  positions,  composed  of  not  less  than  three  superior  officers 
or  employees  of  such  department  or  institution,  who  shall  be  desig- 
nated by  the  appointing  officer  therein,  subject  to  confirmation  by 
the  Commission. 

A  vacancy  in  any  position  in  the  said  Class  may  be  filled  by  the 
appointment  of  any  person  who,  upon  nomination  by  the  appoint- 
ing officer  to  such  Board  of  Examiners,  and  upon  appropriate  non- 
competitive  examination,  shall  be  certified  by  such  Board  to  be 
qualified  to  perform  the  duties  of  such  position.  In  any  department 
or  institution  having  a  number  of  such  employees  in  the  same  class 
of  work,  the  appointing  officer,  in  order  to  provide  a  list  permitting 
immediate  selection,  in  case  of  necessity,  may  nominate  for  exam- 
ination more  than  one  person,  but  selection  shall  be  made,  in  such 
a  case,  in  the  order  of  the  placing  of  the  names  upon  such  list. 

3.  Such  examinations  shall  be  conducted  so  as  to  show  (a)  that 
the  applicant  is  free  from  any  physical  defect  likely  to  interfere 
with  the  proper  discharge  of  his  duties;  (6)  that  his  general  char- 
acter and  habits  are  satisfactory,  and  (c)  that  he  possesses  the  requi- 
site knowledge  and  ability,  or  that  he  is  qualified  by  experience,  to 
discharge  his  duties  efficiently  and  intelligently. 

To  preserve  as  far  as  practicable  a  uniform  standard  of  qualifi- 
cations for  like  positions  in  different  departments  the  Commission, 
after  consultation  with  the  appointing  officer  concerned,  may  pre- 
scribe uniform  conditions  and  tests  of  fitness  for  the  guidance  and 
government  of  the  examiners. 

4.  For  the  position  of  trained  nurse,  when  the  applicant  is  a 
registered  nurse,  under  chapter  293  of  the  Laws  of  1903,  a  certifi- 
cate of  such  registry  may,  when  presented,  be  accepted  in  lieu  of  the 
examination  required  herein,  and  for  the  position  of  master,  mate 

-or  pilot,  the  certificate  or  license  of  the  United  States  Steamboat 
Inspection  Bureau  may  be  accepted  in  lieu  of  such  examination. 

5.  Each  Board  of  Examiners  shall  transmit  to  the  Commission 
at  the  end  of  each  month  a  statement  of  the  results  of  the  examina- 
tions they  have  conducted,  setting  forth  the  names  of  the  persons 
examined  or  appointed,  the  compensation  of  each,  and  such  other 
information  as  the  Commission  may  require. 


34 
Rule  XIX. 

THE  LABOR   CLASS. 

1.  Positions  in  the  Labor  Class  that  are  not  filled  through 
transfer  or  reinstatement  shall  be  filled  by  selection,  in  the  man- 
ner hereinafter  provided  from  among  those  persons  whose  names 
are  highest  on  the  most  nearly  appropriate  eligible  list,  result- 
ing from  the  registration,  according  to  priority  of  application,  of 
duly  qualified  applicants  therefor. 

2.  The  Commission  shall  establish,  and  so  far  as  practicable 
shall  maintain  continuously,  registration  lists  of  persons  eligible  for 
employment  under  each  title  in  the  Labor  Class,  and,  where  the  char- 
acter of  the  position  requires,  may  establish  separate  lists  under 
such  titles  for  each  borough  and  for  the  counties  of  Westchester, 
Putnam,  Dutchess,  Ulster  and  Nassau;  but  a  person  certified  and 
employed  from  a  borough  or  county  list  shall  not  be  eligible  for 
transfer  or  assignment  to  work  in  any  other  borough  or  county 
within  six  months  from  the  date  of  such  employment. 

3.  For  the  purposes  of  such  registration,  and  of  the  qualifying 
examinations   required,   the   Labor   Class   shall   be   subdivided   as 
follows: 

PART  I. — Laborers  and  others  registered  for  employment  in  a  designated 
borough  or  county; 

PART  II. — Mechanics  and  others  registered  for  employment  in  any  borough ; 

PART  III. — Mechanics  registered  for  employment  in  any  borough,  subject 
to  trade  examination. 

The  positions  included  in  each  of  the  aforesaid  subdivisions 
shall  be  those  so  designated  in  the  Classification. 

4.  Applications  for  registration  for  positions  in  the   Labor 
Class  shall  be  addressed  to  the  Commission  on  a  prescribed  form,  • 
signed  by  the  applicant  with  his  name  or  mark,  indicating  the 
position  sought,  stating,  under  oath,  such  facts  as  to  his  age, 
residence,  citizenship,  physical   condition,   previous   occupation 
and  experience  as  the  Commission  may  require,  and  accompanied 
by  the  certificate  of  three  reputable  citizens,  whose  residences  or 
places  of  business  are  within  the  City  of  New  York  or  within  the 
county  in  which  he  resides,  to  the  effect  that  they  have  known  him 
personally  for  not  less  than  one  year,  that  they  believe  his  character 
and  habits  of  industry  and  sobriety  to  be  good,  and  that  they  have 


35 

read  his  statements  and  believe  them  to  be  correct.  If  the  appli- 
cant has  been  employed,  at  least  one  of  such  persons  shall  be  an 
employer  or  former  employer,  who  shall  certify  as  to  his  capacity 
for  the  kind  of  work  for  which  he  applies,  or  an  explanation  satis- 
factory to  the  Commission  shall  be  given  as  to  why  such  a  certificate 
can  not  be  obtained.  If  the  application  is  not  in  the  handwriting 
of  the  applicant  he  shall  state  by  whom  it  was  written,  giving  the 
name,  occupation  and  address  of  such  person. 

When  the  applicant  desires  to  be  registered  for  employment 
in  any  recognized  trade,  he  shall  state  the  number  of  years  of  his 
general  experience  as  a  journeyman  in  such  trade,  and  shall  present, 
in  addition  to  the  certificates  aforesaid,  a  certificate,  signed  by  a  firm, 
or  member  thereof,  by  which  he  has  been  employed  in  such  trade,  or 
by  a  superintendent  or  master  workman,  still  in  the  service  of  such 
firm,  under  whom  he  has  worked  therein,  vouching  for  his  practical 
capacity  and  fitness  as  a  mechanic. 

No  certificate  required  under  this  clause  shall  be  based  upon 
previous  employment  in  a  city  department  unless  signed  both  by  the 
head  of  such  department,  and  by  the  officer  under  whose  personal 
supervision  the  services,  in  such  case,  were  performed. 

The  Gassification  of  positions  in  the  Labor  Class,  and  the  text 
of  this  rule  shall  be  printed,  for  the  information  of  applicants,  on 
the  blank  form  of  application,  and  copies  of  such  form  shall  be 
procurable,  on  the  personal  or  written  request  of  the  applicant,  at  the 
Labor  Bureau  of  the  Commission  only. 

5.  Applications  for  a  given  position  shall  be  received  either 
continuously  or  between  fixed  dates,  as  the  Commission  may  by 
regulation  or  resolution  require;  but  no  such  fixed  period  shall  be 
of  less  duration  than  two  weeks  and  public  notice  thereof  shall  be 
given,  so  far  as  practicable,  in  the  manner  prescribed  for  a  position 
in  the  Competitive  Class. 

6.  On  the  receipt  of  an  application  properly  filled  out  and 
attested,  and  accompanied  by  the  required  certificates,  a  number 
shall  be  affixed  thereto,  showing  the  order  of  such  receipt,  and  the 
name  of  the  applicant  shall  be  recorded  in  such  order.    As  often  as 
may  be  necessary  to  meet  or  to  anticipate  the  needs  of  the  service, 
such  applicants  shall  be  notified,  in  the  order  of  application,  to 
appear  for  physical  examination,  at  such  time  and  place  as  the  Com- 


36 

mission  may  require.  The  number  called  for  such  examination  shall 
be  sufficient  to  provide  an  adequate  registration  list,  but  shall  in  no 
case  be  less  than  fifty,  if  that  number  have  applied.  No  application 
when  filed  shall  be  subject  to  change,  or  be  returned  to  the  applicant 
for  any  reason. 

7.  On  appearing  for  the  physical  examination  applicants  shall 
be  questioned  concerning- the  statements  made  in  their  applica- 
tion blanks  and  concerning  their  previous  employment  and  expe- 
rience.    If  the  answers  made  are  in  any  important  respect  at 
variance  with  such  statements,  examination  in  such  case  shall  be 
suspended,  and  if  it  appears  on  investigation,  or  through  information 
otherwise  received,  that  such  applicant  has  wilfully  made  a  false 
statement  or  that  he  has  connived  at  any  false  statement  made  in  any 
certificate,  his  name  shall  be  removed  from  any  list  on  which  it 
appears,  and  he  shall  be  disqualified  thereafter  for  either  examination 
or  registration. 

An  applicant  who  fails  to  report  for  physical  examination, 
when  duly  notified,  shall  lose  his  application  number,  but  his  name 
may,  in  the  discretion  of  the  Commission,  be  again  recorded,  with- 
out renewal  of  his  application,  if  a  request  in  writing,  stating  the 
reasons  for  such  failure,  be  presented  not  later  than  ten  days  there- 
after. 

8.  The  physical  examination  shall  have  reference  generally 
to  (a)  measurements  of  weight  and  height;  (6)  sight  and  hear- 
ing; (0   habits  as  to  the  use  of  stimulants  and  narcotics;  (d) 
general  organic  condition,  and  (c)  previous  condition  of  health; 
and,  particularly,  to  such  qualities  of  strength  or  endurance  as 
may  be  important  in  the  kind  of  work  to  be  performed. 

For  positions  in  Part  III.  applicants  shall  be  subjected,  fur- 
ther, to  practical  tests  of  skill  and  capacity  in  the  use  of  the  tools 
of  their  trade. 

The  Commission  may  prescribe  limits  of  age  for  any  position 
where,  in  its  judgment,  the  nature  of  the  work  to  be  performed 
demands,  and  subject  to  the  provisions  of  law  respecting  vet- 
erans. 

9.  The  names  of  those  persons  who  are  certified  by  the  exam- 
iners to  be  physically  qualified  for  the  employment  sought,  and, 
where  the  position  is  in  Part  III,  to  be  qualified  in  their  respect- 
ive trades,  shall  be  entered  upon  the  appropriate  registration  list  in 


37 

the  order  of  original  application;  except  that  the  names  of  veterans, 
thus  qualified,  shall  be  placed  at  the  head  of  such  list,  in  the  order 
of  application. 

No  person  shall  remain  eligible  for  selection  for  employment 
from  such  list  who,  on  the  first  day  of  January,  April,  July  or  October, 
in  any  year,  has  been  carried  thereon  for  one  year  or  longer;  but 
the  Commission  may,  at  his  request,  and  in  its  discretion,  allow  a 
re-examination  of  such  person,  physically,  at  the  termination  of  any 
period  of  his  eligibility,  and  if  he  shall  again  be  qualified,  as  the 
result  of  such  examination,  his  name  shall  be  retained  on  such  list 
for  one  year  from  such  quarterly  date. 

No  application  shall  remain  in  force  which,  on  any  such  date, 
has  run  for  two  years  or  longer  without  a  call  for  examination; 
unless,  with  the  consent  of  the  Commission,  it  be  renewed  for  a 
further  period  of  two  years. 

Notice  shall  be  sent,  with  a  copy  of  this  Clause,  to  each  person 
whose  eligibility  either  for  appointment  from  a  registration  list  or 
for  examination  is  about  to  terminate,  not  less  than  two  weeks  in 
advance  of  such  termination. 

10.  When  the  services  of  laborers  are  required  in  any  depart- 
ment, office  or  institution,  the  appointing  officer  thereof  shall 
notify  the  Commission,  stating  the  character  of  the  work  to  be 
performed,  the  place  of  employment,  the  number  of  persons  required, 
the  wages  to  be  paid  and  the  probable  duration  of  such  employment. 
The    Commission   shall   thereupon    certify   from   the   appropriate 
list  the  names  of  those  standing  highest  thereon,  and,  except  as 
herein  provided,  such  certification,  and  appointments  or  selections 
for  employment  therefrom,  shall  be  made  in  the  manner  prescribed 
by  Rule  XI  for  positions  in  the  Competitive  Class.     The  name  of 
any  person  certified  as  eligible  for  employment  from  a  county  list 
in  connection  with  the  water  supply  who  shall  decline  such  employ- 
ment shall  be  stricken  from  the  list  from  which  such  certification 
is  made,  unless  such  declination  be  for  the  reason  of  residence  in 
a  township  other  than  that  in  which  the  duties  are  to  be  performed. 

11.  In  a  case  of  emergency,  where  it  is  not  practicable  to 
secure  laborers  from  an  eligible  list  with  sufficient  promptness, 
or  where  a  list  is  temporarily  exhausted,  an  appointing  officer 
may  hire  and  employ  for  a  period  not  exceeding  five  days  as  many 
persons  as  may  be  required,  but  he  shall  in  such  a  case  report 


38 

his  action,  with  the  full  particulars  thereof,  to  the  Commission, 
and  such  action  shall  be  subject  to  the  Commission's  subsequent 
approval. 

12.  It  shall  be  the  duty  of  an  appointing  officer  to  submit  in 
such  manner  as  the  Commission  may  prescribe  the  report  of 
appointments  and  changes  in  the  Labor  Class  required  by  law, 
and  upon  the  termination  of  an  employment  he  shall  m  each  case 
certify  to  the  Commission  the  reasons  therefor.  Where  such  termina- 
tion is  due  to  a  reduction  of  force  the  name  of  the  person  affected, 
if  he  has  been  employed  for  a  period  of  three  months  or  less,  shall  be 
restored  to  the  registration  list,  in  its  original  relative  order;  if  such 
person  has  been  employed  for  a  longer  period  than  three  months, 
he  shall  be  deemed  to  be  suspended  from  such  employment,  and 
shall  be  registered  upon  a  preferred  list  for  reinstatement,  if  his 
services  be  again  required,  in  the  manner  prescribed  by  Clause  I 
of  Rule  XIII  for  positions  in  the  Competitive  Class. 

No  person  whose  employment  is  terminated  for  the  reason  of- 
failure  to  work,  incompetence,  or  physical  or  moral  unfitness 
shall  be  eligible  for  re-registration  for  a  period  of  six  months  from 
the  date  of  such  termination,  and  then  only  upon  furnishing  to 
the  Commission  a  satisfactory  explanation  of  his  failure  to  work, 
or  satisfactory  evidence  that  such  other  disqualification  no  longer 
exists. 

A  person  employed  in  a  Labor  position  under  these  rules,  who, 
after  three  months'  service  in  such  position,  left  it  voluntarily,  and 
without  fault  or  delinquency  on  his  part,  may  be  re-employed  in 
the  same  position,  within  one  year  of  the  date  of  his  separation, 
without  further  examination  or  registration  if  there  be  no  persons 
eligible  for  reinstatement  upon  a  preferred  list  for  such  position. 

13.  A  person  who  has  served  with  fidelity  for.  one  year  in  a 
position  in  the  Labor  Class  may  be  transferred  to  any  other  posi- 
tion therein  for  which  he  may  be  shown  to  possess  such  qualifi- 
cations, in  respect  either  to  previous  experience  or  to  physical  or 
technical  fitness,  as  may  be  required  in  the  case  of  original  ap- 
pointment to  such  other  position,  on  the  issuance  by  the  Com- 
mission of  a  certificate  to  such  effect;  but  no  person  shall  be  other- 
wise transferred  or  assigned  to  the  duties  of  a  different  position, 
except  that  in  the  Department  of  Street  Cleaning,  during  the 
winter  season,  persons  in  the  uniformed  force  may  be  detailed  in 


39' 

emergencies  for  clerical  service  in  the  offices  of  the  snow  and  ice 
bureau. 

14.  Where,  through  the  operation  of  these  rules,  the  title  of  an 
existing  registration  list  is  discontinued,  the  names  of  persons  thereon 
shall  be  placed  upon  such  other  existing  list  as  the  Commission,  by 
resolution,  may  declare  to  be  most  appropriate,  in  the  same  order, 
with  relation  to  other  names  upon  such  list,  as  though  they  had  been 
originally  registered  thereon. 


Rule  XX. 

THE  CIVIL  LIST  AND  REPORTS  OF  CHANGES  IN  THE 

SERVICE. 

i.  The  Commission  shall  keep  in  its  office  an  official  roster  of 
the  Classified  City  Service,  which  shall  be  known  as  the  "  CIVIL 
LIST,"  and  a  transcript  of  which,  omitting  the  names  of  persons  in 
the  Labor  or  the  Non-Competitive  Class,  and  of  date  of  December 
31  of  each  year,  shall  be  published  in  the  "  City  Record  "  during 
the  month  of  January  following.  The  Commission  shall  enter  upon 
such  roster  the  name  of  every  person  who  has  been  appointed  to 
or  employed,  promoted  or  reinstated  in  any  position  in  such  service, 
upon  such  evidence  as  it  may  require  or  deem  satisfactory,  that  such 
person  was  appointed,  employed,  promoted  or  reinstated  in  con- 
formity with  the  provisions  of  law  and  of  these  rules.  Such  roster 
shall  show  opposite  or  in  connection  with  each  name  placed  thereon 
the  date  of  appointment,  employment,  promotion  or  reinstatement, 
the  compensation  of  the  position,  the  date  of  commencement  of 
service,  and  the  date  of  transfer  in  or  of  separation  from  the  service 
by  suspension,  removal,  resignation,  cancellation  of  appointment 
or  death.  Such  roster  shall  also  bear  the  residence,  by  street 
numbers  where  there  are  such,  of  each  such  person,  which  shall  be 
corrected  when  such  residence  is  changed,  on  notice  from  the  said 
person  in  writing. 


40 

2.  In  preparing  the  transcript  of  such  roster  for  publication,  or 
for  transmission  with  its  annual  report  to  the  State  Civil  Service 
Commission,   the    Commission    shall    summarize    the   number   of 
persons  employed  in  the  Labor  and  in  the  Non-Competitive  Class 
respectively,  and,  as  accurately  as  practicable,  the  details  of  such 
employment,  and,  before  publishing  or  transmitting  such  roster, 
shall  append  thereto  a  copy  of  such  summary.     In  connection  with 
such  annual  publication  in  the  "  City  Record,"  the  Commission  shall 
publish  also  a  separate  statement,  giving,  by  departments,  the  names 
of  all  persons  whose  official  status  has  been  changed  during  the 
year  covered,  either  by  promotion  or  reduction,  or  by  increase  or 
decrease  of  compensation,  and  showing,  in  each  case,  the  date  of 
such  change,  the  titles  of  positions  interchanged,  the  differences  in 
salary,  and,  in  cases  of  advance  in  status,  whether  such  advance  was 
based  upon  examination  under  these  rules. 

3.  It  shall  be  the  duty  of  each  appointing  officer  to  report  to 
the  Commission  in  writing  each  selection  made  by  him  for  ap- 
pointment to,  or  employment  or  reinstatement  in,  any  position 
in  the  Classified  Service,  except  in  the   Non-Competitive   Class, 
upon  the  date  thereof,  stating,  in  each  case,  the  name  of  the 
appointee  or  employee,  the  title  and  character  of  his  office  or 
employment,  the  date  of  commencement  of  service  by  virtue 
thereof,  and  the  amount  of  compensation  to  be  paid;  and  it  shall 
be  the  duty  of  such  officer  to  report  to  the  Commission,  in  like 
manner,  upon  the  date  of  his  official  action  therein  or  knowledge 
thereof,  in  each  case,  every  suspension,  removal  or  resignation 
from,  or  transfer  to,  any  such  position,  with  such  pertinent  data 
with  relation  to  each  as  the  Commission  may  require. 


Rule  XXI. 

CERTIFICATION   OF  PAY-ROLLS. 

i.  It  shall  be  the  duty  of  the  appointing  officer  in  any  depart- 
ment, office  or  institution  the  employees  of  which  are  paid  direct 


41 

from  the  treasury  of  the  city  to  submit  to  the  Commission  all  pay- 
rolls for  certification,  as  required  by  section  19  of  the  Civil  Service 
Law,  and  to  certify  to  the  Commission  that  the  persons  named 
therein  were  appointed  or  promoted  to,  or  employed  in  the  posi- 
tions indicated,  in  compliance  with  the  provisions  of  the  Civil 
Service  Law  and  of  these  rules,  and  that  they  are  regularly  em- 
ployed in  the  performance  of  the  appropriate  duties  of  such  indi- 
cated positions,  and  have  at  no  time  during  the  period  covered  by 
such  pay-roll  been  assigned  to  the  performance  of  duties  apper- 
taining to  any  other  title. 

2.  All  pay-rolls  shall,  before  transmission  to  the  Comptroller  or 
other  fiscal  officer  of  the  city,  bear  the  certificate  of  the  Commis- 
sion that  the  persons  whose  names  appear  thereon  have  been 
appointed  or  employed  or  promoted  in  pursuance  of  the  Civil 
Service  Law  and  of  these  rules.  Such  pay-rolls  shall  in  each  case 
be  verified  by  comparison  with  the  official  roster,  and  if  it  appears 
that  any  person  whose  name  is  borne  thereon  has  been  appointed 
or  employed,  or  continued  in  employment,  in  any  manner  contrary 
to  the  provisions  of  law  or  of  these  rules,  such  certification,  in  the 
case  of  such  person,  shall  be  denied. 

The  Commission,  by  resolution,  may  authorize  either  the  Secre- 
tary or  the  Assistant  Secretary  to  attach  the  certificate  herein 
required. 


Rule   XXII. 

TRANSMISSION  OF  RULES. 

The  Commission  shall  transmit  a  certified  copy  of  these  rules 
within  ten  days  of  their  promulgation  to  each  board  or  officer 
having  power  of  appointment  to  any  office  or  position  in  the  City 
Service,  and  in  like  manner  to  each  such  officer  who  may  hereafter 
be  elected  or  appointed,  on  the  assumption  of  the  duties  and 
authority  of  his  office. 


APPENDIX  :     CLASSIFICATION. 


43 


CLASSIFICATION  OF  THE  CIVIL  SERVICE. 


THE  EXEMPT  CLASS. 
OFFICE   OF  THE   COMMISSIONERS    OF   ACCOUNTS. 

Chief  Accountant  Chief  Engineer 

Chief  Clerk  2  Examining  Engineers 

16  Examiners  of  Accounts  2  Stenographers  to  Commissioners 

8  Chief  Examiners  of  Accounts  8  Examining  Inspectors 

i  Law  Examiner 

ARMORY    BOARD. 

Secretary  of  the  Board 

BOARD    OF    ASSESSORS. 

Secretary  of  the  Board 

• 

AQUEDUCT     COMMISSION. 

Secretary  of  the  Commission  Stenographer  to  the  President 

Auditor  of  Accounts  4  DrVision  Engineers 

Chief  Engineer  Consulting  Engineer 
2  General  Inspectors 

DEPARTMENT    OF   BRIDGES. 

Deputy  Commissioner  4  Consulting  Engineers 

Chief  Engineer  Secretary  to  the  Commissioner 

BELLEVUE    AND    ALLIED    HOSPITALS. 

Secretary  to  the  President  3  Chaplains 


44 

BROOKLYN    DISCIPLINARY    TRAINING    SCHOOL. 

Superintendent  3  Chaplains 

DEPARTMENT    OF    PUBLIC    CHARITIES. 

3  Superintendents  of  Bureau  of  Dependent  Adults,  for  the  Boroughs  of 
Manhattan  and  The  Bronx,  Brooklyn  and  Queens,  and  Richmond, 
respectively 

Deputy  Commissioner    .  Secretary    to    the    Second    Deputy 
Second  Deputy  Commissioner  Commissioner 

Secretary  of  the  Department  General  Inspector 

Secretary  to  the  Commissioner  7  Chaplains 

DEPARTMENT  OF  CORRECTION. 

Deputy  Commissioner  7  Wardens  (Prisons  or  Workhouse). 

Secretary  of  the  Department  9  Chaplains 

Secretary  to  the  Commissioner  Secretary  to  the  Board  of  Parole 

BOARD    OF    CITY    RECORD. 

Supervisor  of  the  City  Record 

CITY    COURT. 

Clerk  Clerk's  Attendant 

Deputy  Clerk 

CITY     MAGISTRATES'     COURT. 

Clerk  of  each  Court  ,  Probation  officer   (to  be  appointed 

under  chapter  357,  Laws  1903) 

COURT    OF    GENERAL    SESSIONS. 

Clerk  Attendant  to  each  Judge 

Deputy  Clerk 

THE    MUNICIPAL    COURT. 

Clerk  to  each  District  Deputy  Clerk  for  each  District  in 

the  Boroughs  of  Manhattan, 
Brooklyn,  The  Bronx,  and  the 
First  District  of  Queens 

Clerk  to  each  Justice  Assistant  Court  Clerk 


45 


COURT    OF    SPECIAL    SESSIONS. 


Clerk 

Clerk  of  the   Court  for   Brooklyn, 

Queens  and  Richmond,  Second 

Division 

Deputy  Clerk  of  the  First  Division 
Deputy  Clerk  of  the  Second  Division 
Clerk  of  the  Children's  Court 
Deputy  Clerk  of  the  Children's  Court 


Clerk  of  the  Children's  Court,  Sec- 
ond Division 

Deputy  Clerk  of  the  Children's  Court, 
Second  Division 

Female  Probation  Officer,  in  the  First 
Division,  to  be  appointed  under 
chapter  582  of  the  Laws  of  1903 


MUNICIPAL    CIVIL    SERVICE    COMMISSION. 


Secretary  of  the  Commission 


Assistant  Secretary 
10  Expert  Examiners 


CORONERS. 


Chief  Clerk  in  each  Borough  office 
I  Clerk  to  each  Coroner  in  the  Bor- 
oughs of  Manhattan,  Richmond, 
The      Bronx,      Brooklyn      and 
Queens 


Replevin    Clerk    in    each    Borough 

office 


COLLEGE    OF   THE    CITY    OF    NEW    YORK. 
Assistant  Secretary  Secretary  to  the  President 


Secretary  of  the  College 
Secretary  to  the  President 


NORMAL    COLLEGE. 

Bellringer 


DEPARTMENT   OF  DOCKS  AND   FERRIES. 


Deputj   Commissioner 
Secretary  of  the  Department 
Secretary  to  the  Commissioner 
Superintendent    of    Ferries 


Assistant  Superintendent  of  Ferries 

Chief  Engineer 

Cashier 


BOARD    OF    EXAMINERS. 


Clerk  to  the  Board 


BOARD     OF    EDUCATION. 


Secretary  of  the  Board  of  Education 
Secretary  to  the  City  Superintendent 


Supt.  of  School  Buildings 
Supt.  of  School  Supplies 


BOARD   OF   ESTIMATE  AND   APPORTIONMENT. 


Chief  Clerk 

Stenographer  to  the  Board 


Chief  Engineer 

Secretary 


BOARD  OF  ELECTIONS  OF  THE  CITY   OF  NEW  YORK. 
Board     and 


6  Chief     Clerks     for 

Boroughs 
6  Deputy   Chief   Clerks   for   Board 

and  Boroughs 


2  Secretaries  to  Commissioners 
2  Stenographers  to  Commissioners 
6  Clerks  to  Board 
20  Clerks  for  the  Boroughs 


BOARD  OF  WATER  SUPPLY  OF  THE  CITY  OF  NEW  YORK. 


I  Chief  Engineer 
6  Consulting  Engineers 
I  Deputy  Chief  Engineer 
4  Division  Engineers 
I  Secretary 


I  Assistant  Secretary 
i  Chief  Clerk 
I  Auditor 

I  Confidential     Secretary 
Commissioner 


to     each 


FINANCE    DEPARTMENT. 


2  Deputy  Comptrollers 
Assistant  Deputy  Comptroller 

14  Auditors  of  Accounts 

3  Deputy  Auditors  of  Accounts 
18  Examining  Inspectors 

7  Expert  Accountants 
Secretary  to  the  Comptroller 
City  Paymaster 
7  Deputy  City  Paymasters 

Chief  Stock  and  Bond  Clerk 
7  Stock  and  Bond  Clerks 
Security  Deposit  Clerk 
Collector  of  City  Revenues  and 

Superintendent  of  Markets 
Clerk  to  the  Comptroller 
Deputy  Collector  of  City  Reve- 
nues 

Deputy  Supt.  of  Markets 
10  Bank  Messengers 

Messenger    in    the    Paymaster's 
office  and  Auditing  Bureau 


Collector    of    Assessments    and 

Arrears 

Deputy  Collector  of  Assessments 
and  Arrears,  in  each  Borough 
Receiver  of  Taxes 
2  Deputy    Receivers   of   Taxes   in 

each  Borough 
29  Cashiers 

2  Appraisers  of  Real  Estate 
7  Examiners  of  Accounts  of  Insti- 
tutions " 

Deputy  Chamberlain 
4  Warrant  Clerks  in  the  office  of 

the  Chamberlain 
2  Bank  Messengers  in  the  office  of 

the  Chamberlain 

Examiner  of  Endorsements  and 
Coupons  in  the  office  of  the 
Chamberlain 
Stenographer  to  the  Receiver  of 

Taxes 
Medical  Examiner 


47 


FIRE   DEPARTMENT. 


Deputy  Commissioner 

Deputy  Commissioner — Brooklyn  and 

Queens 

Secretary  of  the  Department 
Secretary  to  the  Commissioner 
Secretary  to  the   Deputy   Commis- 
sioner 


Secretary  of  the  Relief  Fund 
Cashier — Manhattan,  Richmond  and 

The  Bronx 

Cashier — Brooklyn  and  Queens 
Inspector  of  'Combustibles 
4  Chaplains 


HEALTH    DEPARTMENT. 

Secretary  of  the  Department  Sanitary  Superintendent 

2  Secretaries  to  the  President.  Assistant  Sanitary  Superintendent  in 

2  Sanitary  Engineers  each  Borough 

Chaplain 


75  Assistants     to     the 

Counsel 
Chief  Clerk 

Secretary    to    the     Corporation 
Counsel 


LAW    DEPARTMENT. 

Corporation      Attendant  to  the  Corporation  Coun- 
sel 

Attendant    to    the    First    Assistant 
Corporation  Counsel,  Brooklyn 


OFFICE  OF  THE  COMMISSIONER  OF  LICENSES. 

Secretary  to  the  Commissioner 

MAYOR'S    OFFICE. 


Secretary  to  the  Mayor 
Assistant  Secretary 
Chief  Clerk  and  Bond  and  War- 
rant Clerk 
3  Executive  Clerks 
Executive  Stenographer 


Chief  of  the  Bureau  of  Licenses 

Deputy  Chief  of  the  Bureau  of  Li- 
censes, Manhattan  and  The  Bronx 

Deputy  Chief  of  the  Bureau  of  Li- 
censes, Brooklyn 

Chief  of  the  Bureau  of  Weights  and 
Measures 


DEPARTMENT    OF    PARKS. 


Secretary  of  the  Park  Board 
Secretary  to  each  Commissioner 
Stenographer  to  the  Commissioner 

for  Manhattan  and  Richmond 
Stenographer  to  the  Commissioner 

for  Brooklyn  and  Queens 
Chief    Engineer  —  Brooklyn    and 

Queens 

Superintendent     of     Parks — Man- 
hattan and  Richmond 
2  Assistant       Superintendents       of 
Parks— The  Bronx 


2  Assistant  Superintendents  of 
Parks — Manhattan  and  Rich- 
mond 

Landscape  Architect 

Chief  Engineer — Manhattan  and 
Richmond 

Chief  Engineer— The  Bronx 

Superintendent  of  Parks— Brook- 
lyn and  Queens 

Superintendent  of  Parks  — The 
Bronx 


48 

POLICE    DEPARTMENT. 

3  Deputy  Commissioners  Complaint  Clerk 

Secretary  to  the  Commissioner  Property  Clerk 

Secretary  to   each   Deputy   Com-      Assistant  Property  Clerk 

missioner  Auditor  of  Accounts 

Stenographer  to  the  Commissioner 
Stenographer     to      each     Deputy 

Commissioner 

OFFICE  OF  THE  BOROUGH  PRESIDENT  IN  EACH  BOROUGH. 

Secretary  of  the  Borough  Executive  Clerk 

Stenographer  to  the  President  Secretary  to  the  President,  Brooklyn 

Confidential    Inspector — Manhattan 

BUREAU  OF  BUILDINGS  IN   EACH  BOROUGH. 

Superintendent  of  Buildings  Consulting  Architect 

Asst.  Supt.  of  Buildings  Chief  Inspector 

Secretary  to  the  Superintendent 

BUREAU   OF   PUBLIC  WORKS   IN   EACH   BOROUGH. 

Commissioner  of  Public  Works  Superintendent  of  Public  Buildings 

Assistant    Commissioner    of    Public  and  Offices 

Works  Superintendent   of   Street   Cleaning 

Secretary  to  the   Commissioner  of  in  Queens  and  in  Richmond 

Public  Works  Consulting      Engineer     of      Public 

Superintendent  of  Highways  Buildings — Manhattan 

Superintendent  of  Sewers  Chief  Engineer  of  Sewers,  Manhat- 

Cashier,  Bureau  of  Highways  tan 

Chief  Engineer  of  Highways,  Man- 
hattan 

QUEENS   BOROUGH    LIBRARY. 
Librarian 

RAPID    TRANSIT    COMMISSION. 

Secretary  of  the  Commission  3  General  Inspectors 

Chief  Engineer  Secretary  to  the  Chief  Engineer 

Principal  Assistant  Engineer  Auditor  of  Accounts 

€  Division  Engineers  Photographer 


49 

SINKING    FUND    COMMISSION. 
Clerk  of  the  Commission 

DEPARTMENT  OF  STREET  CLEANING. 

Deputy  Commissioner  Secretary  to  the  Commissioner 

DEPARTMENT    OF    TAXES    AND    ASSESSMENTS. 

Assistant  to  each  Commissioner  Secretary  to  the  President 

Stenographer  to  each  Commissioner      Chief  Clerk  in  each  Borough  except 
Secretary  to  the  Board  Manhattan 

TENEMENT    HOUSE    DEPARTMENT. 

2  Deputy  Commissioners  Secretary  to  the  Superintendent — 

Superintendent — Brooklyn  The  Bronx 

Superintendent — The  Bronx  Assistant         Superintendent — The 

Secretary  of  the  Department  Bronx 

Secretary  to  the  Commissioner  Stenographer     to     each     Deputy 

Secretary    to     the     First    Deputy  Commissioner 
Commissioner                                       3  Chief  Inspectors 

DEPARTMENT  OF  WATER  SUPPLY,  GAS  AND  ELECTRICITY. 

Deputy  Commissioner  in  each  Bor-  Chief  Engineer  of  Water  Supply — 

ough  Manhattan 

Secretary  of  the  Department  Chief  Engineer  of  Water  Supply- 
Secretary  to  the  Commissioner  Brooklyn 

Secretary    to    the    Deputy    Commis-  Chief  Engineer  of  Light  and  Power 

sioner,  Borough  of  Manhattan  Consulting  Engineer  of  Water  Sup- 
Stenographer  to  the  Commissioner  ply 

Stenographer  to  the  Deputy  Com-  Consulting  Engineer  in  the  Electri- 

missioner,  Borough  of  Brooklyn  cal  Bureau 

Water  Register— Manhattan  Cashier  in  each  Borough 
Water  Register — Brooklyn 
Water  Register— The  Bronx 

The  classification  of  any  office  or  position  in  the  Exempt  Gass,  becoming 
effective  through  the  adoption  of  these  rules  at  the  time  of  such  adoption,  shall 
in  no  case  be  deemed  to  permit  a  new  appointment  to  such  office  or  position, 
except  where  a  vacancy  exists  or  may  hereafter  be  created  with  authority  of 
law;  nor  shall  such  classification  be  deemed  to  transfer  to  the  competitive 
class  any  office  or  position  classified  prior  to  the  adoption  of  this  rule  as  exempt. 


So 

THE  COMPETITIVE  CLASS. 
PART   I.— UNGRADED    POSITIONS. 

Croup  i — Inspectors  or  Overseers  of  Public  Work: 

Inspector  of  Chief  Inspector 

(1)  Regulating,  Grading  and  Paving  Superintendent  of 

(2)  Pipe  Laying,  Pipes  and  Hydrants         (i)  Conduits  and  Reservoirs 

(3)  Meters  and  Water  Consumption  (2)  Dam  Construction 

(4)  Sewer  Construction  (3)  Dock  and  Pier  Construc- 

(5)  Sewer  Connections  tion 

(6)  Masonry  Construction  (4)  Street  Openings 

(7)  Iron  and  Steel  Construction  Assistant  Superintendent 

(8)  Cement  Tests 

(9)  Dock  and  Pier  Construction 

tion 
(10)  Dredging 

Group  2 — Inspectors  of  Buildings  or  Building  Conditions: 

Inspector  of  (4)  Light  and  Ventilation 

(1)  Carpentry  and  Masonry  (5)  Tenements 

(2)  Iron  and  Steel  Construction  Lay  Sanitary  Inspector. 

(3)  Plumbing  Chief  Inspector 

Group  3 — Electrical  Positions: 

Assistant  Electrical  Engineer  Inspector  of  Electric  Lighting  and 

Electrician  Conductors 

Dynamo  Engineman 

Group  4 — Architectural  Positions: 

Architect,  permanently  employed  Deputy    Superintendent    of    School 

Plan  Examiner  Buildings 

Architectural  Draftsman 

Group  5 — Mechanical  Engineering  Positions: 

Mechanical  Engineer  Inspector  of  Boilers 

Mechanical  Draughtsman 


Group  6 — Law  Positions: 

Junior  Assistant  Corporation  Coun-      Assistant  Court  Clerk. 

sel  Law  Examiner 

Law  Clerk 


Croup  7— Medical  Positions: 

General  Medical  Officer  Coroner's  Physician 

General  Medical  Superintendent  Police  Surgeon 
Medical  Superintendent  Examiner  in  Lunacy 

Deputy  Medical  Superintendent  Oculist 

Medical  Inspector  '   Medical  Clerk 
Physician 

Croup  8 — Laboratory  Positions: 

Pathologist  Apothecary 

Bacteriologist  Laboratory  Assistant 

Chemist 

Group  g — Hospital  and  Asylum  Positions — Lay: 

Superintendent  Matron 

Deputy  Superintendent  Nurse 

Supervising  Nurse  Orderly 
Steward 

Croup  10 — Library  Positions: 

Superintendent  of  Library  Depart-  Librarian 

ments  Assistant  Librarian 

Assistant  Superintendent  of  Library  Junior  Assistant  Librarian 

Departments  Cataloguer 

Croup  ii — Positions  of  a  Special  or  Miscellaneous  Character: 

Arboriculturist 

Assistant  Fire  Marshal 

Attendance  Officer 

Attendant 

Court  Attendant 

Chief  of  Bertillon  System 

Collector 

Temporary  Clerk 

Foreman  Bookbinder 

Bookbinder 

Bridgekeeper 

Computer  of  Assessments 

Deputy  Commissioner  of  Taxes  and  Assessments 

Deputy  Supervisor  of  the  City  Record 

Deputy  Superintendent  of  School  Supplies 

Dietician 

Disinfector 

Dock  Master 

Doorman  (Police  Dep't) 


52 

Examiners : 

(1)  Chief  Examiner,  Civil  Service  Commission 

(2)  Civil  Service  Examiners 

(3)  Examiner,  Board  of  Education 

(4)  Examiner,  Board  of  City  Record 

(5)  Examiner  of  Charitable  Institutions 

Enginemen : 

(1)  Supervisory  Engineman 

(2)  Stationary  Engineman 

(3)  Pile  Driving  Engineman 

(4)  Automobile  or  Locomobile  Engineman 
Foreman  of  Repair  Shops 

Head  Gardener 
Gardener 
Interpreter 
Hydrographer 
Inspector  of 

(1)  Lamps  and  Gas 

(2)  Combustibles 

(3)  Fire  Alarm  Boxes 

(4)  Incumbrances 

(5)  Foods 

(6)  Fuel 

(7)  Lumber 

(8)  Weights  and  Measures 

(9)  Supplies  and  Repairs 

Deputy  Inspector  of  Weights  and  Measures 

Gas  Inspector 

Chief  Gas  Inspector 

Chief  Inspector 

Janitor 

Janitor  Engine-man 

Director  of  Menagerie 

Keeper  of  Menagerie 

Keeper  of  Morgue 

Keeper  on  Aqueduct 

Marine  Engineer 

Matron  (Police  or  Prison  Services) 

Measurer 

Messenger 

Oil  Surveyor 

Photographer 

Prison  Orderly 

Purchasing  Agent 

Searcher 


53 


Steward 

Storekeeper 

Sealer  of  Weights  and  Measures 

Superintendent  of 

(1)  Incumbrances 

(2)  Docks 

(3)  Public  Baths  and  Comfort  Stations 

(4)  Laundries 

(5)  Supplies  and  Repairs 

(6)  Hospital  Supplies 
Supervisor  of  Complaints 
Teacher 

Telephone  Switchboard  Operator 

Telegraph  Operator 

Veterinarian 

Visitor,  Department  of  Public  Charities 

Watchman 


PART  [II.—  THE  CLERICAL  SERVICE. 

Group  i. — Clerks: 

Office  Boy,  or  Girl  Tenement  Department  Clerk 

Junior  Clerk  Chief  Clerk 

Clerk,  or  Copyist  Assistant  Secretary 
Financial  Clerk 

Group  2 — Accountants: 

Accountant  Chief  Accountant  or  Bookkeeper 

Bookkeeper  Auditor 

Examiner 

Group  3 — Stenographers: 

Typewriting  Copyist  Stenographer  and  Typewriter 

Book  Typewriter  Court  Stenographer 

Group  4 — Statisticians: 

Statistical  Clerk  Assistant  Registrar  of  Records 

Statistician  Registrar  of  Records 

Tabulator 


54 

The  positions  under  the  above  titles  are  graded  according  to  the 
amount  of  the  annual  compensation,  or  its  equivalent,  attaching  to  each, 
as  follows: 

Grade    4 — $1,200  annually 
"       5-  1,500        " 

6—  1,800 

7—  2,100 

8—  2,400 

9—  2,700 


Grade  A— Not  exceeding  $300  an- 
nually 

"       B—  $480  annually 
"       C-     540        " 
"      D—     600 
"        i-     750         " 
"2—900 
"        3-  1,050 


10 —  3,000  annually,  or  over 


PART   III.— THE    POLICE    SERVICE. 

Grade  i — Patrolman  (Of  the  First  Grade  3 — Sergeant 

Grade  as  defined  by  Sec-  Detective  Sergeant 

tion    299    of    the    City  "       4 — Captain 

Charter)  "       5 — Inspector 
"       2 — Roundsman 


PART    IV.— THE    FIRE    SERVICE. 


Grade  I — Fireman  (Of  the  First 
Grade  as  defined  by 
Section  740  of  the  City 
Charter) 

Engineer  of  Steamer 
"      2 — Assistant  Foreman 
"       3 — Foreman 


Grade  4 — Battalion  Chief 

Chief  of  Construction  and 

Repairs 

Chief  Instructor 
Fire  Marshal 
5— Deputy  Chief 
"       6— Chief 


PART    V.— THE    PRISON    SERVICE. 


Grade  i-Keeper 

"       2 — Head  Keeper 


Grade  3 — 

Head  Keeper  of  Branch  Work- 
house at  Riker's  Island  or 
Hart's  Island 

Deputy  Warden,  Kings  County 
Penitentiary 


PART  VI.— THE  STREET  CLEANING  SERVICE. 


Grade  I — Assistant  Stable  Foreman 
Dump  Inspector 
2 — Section  Foreman 
Stable  Foreman 
Dump  Inspector 
Time  Collector 


Grade  3 — Assistant    Superintendent 

of  Final  Disposition 
Superintendent    of    Final 

Disposition       , 
Master  Mechanic 
District  Superintendent 
4 — Assistant  Superintendent 
"       5 — Superintendent 


55 


PART    VII.— THE    ENGINEER    SERVICE. 


Grade  i — Axeman 

Draftsman's  Helper 
"       2 — Chainman 
Rodman 
Draughtsman: 

(1)  Topographical 

(2)  Structural  Steel 

(3)  Taxes    and   Assess- 
ments 

"       3 — Leveler 

"       4 — Transitman  and  Computer 
Engineer  Inspector 


Grade  5 — Assistant  Engineer: 

(1)  Rapid  Transit 

(2)  Bridges   and   Struc- 
tural Steel 

(3)  Docks 

(4)  Sewers,     Highways 
and  Parks 

(5)  Aqueduct  and  Water 
Supply 

Chief  Draughtsman 
Examining  Engineer 
Hydrographic  Engineer 
Assistant  Surveyor 
"       6 — Principal     Assistant     En- 
gineer 
Surveyor 


THE  NON-COMPETITIVE  CLASS. 

Positions  in  the  Department  of  Public  Charities,  the  Department  of  Correction, 
the  Bellevue  and  Allied  Hospitals,  the  New  York  and  Brooklyn  Truant 
Schools,  and  the  Brooklyn  Disciplinary  Training  Schools,  as  follows: 


Superintendent  New  York  Training 

School  for  Nurses 
Assistant  Superintendent,  New  York 

Training  School  for  Nurses 
Head     Pupil     Nurse     of    Training 

School 

Pupil  Nurse  of  Training  School 
Trained  Nurse 
Ambulance  Driver 
Apothecary 
Baker 
Barber 

Basket  Maker 
Butcher 
Cleaner 
Cook — Female 
Cook — Male 
Cutter 
Deckhand 


Hospital  Helper,  with  compensation 
not  exceeding  $600  per  annum,  with 
maintenance 

Hospital  Helper — Mechanic 

Gardener — Driver 

Laundress 

Master  or  Pilot 

Mate 

Orderly,  with  compensation  not 
exceeding  $240  per  annum,  with 
maintenance 

Printer 

Seamstress 

Stoker 

Shoemaker 

Tailor 

Waiter  or  Waitress 

Minor  employees,  of  whatever  des- 
ignation, whose  compensation 
does  not  exceed  $150  per  annum, 
with  maintenance 


56 

Positions  in  the  Department  of  Public  Charities,  as  follows: 

Pupil  Examiner,  with  compensation  not  exceeding  $480  per  annum,  with- 
out maintenance. 

Clerical  Assistant — to  be  selected  from  among  the  patients  or  other 
recipients  of,  or  applicants  for,  care  or  relief  in  the  department — with 
compensation  not  exceeding  $300  per  annum  with  maintenance,  or  $420 
without  maintenance,  the  number  receiving  the  latter  compensation  not 
to  exceed  twenty. 

Positions  in  the  Hospitals  for  Contagious  Diseases,  Department  of  Health, 

as  follows: 

Attending   Physician   at   the   Tuber-      Fireman 

culosis  Clinics  of  the  Department      Gardener 

of  Health  Helper 

Boatman  Hospital  Physician 

Carpenter  Hospital  Clerk 

Captain  Laborer 

Domestic  Medical  Interne,  with  compensation 

Deckhand  not  exceeding  $10  per  month,  with 

Driver  maintenance 

Engineman  Nurse 

Elevator  Man  Orderly 

Errand  Boy  Watchman 

Positions  in  the  Nautical  School,  Board  of  Education,  as  follows: 

Superintendent  Quartermaster 

Executive  Officer  Sailmaker 

Boatswain  Ship's  Cook 

Cabin  Boy  Steward 

Cabin  Steward  Surgeon 

Captain  of  Hold  Fireman 

Carpenter  Seaman 

Instructor  Wardroom  Boy 

Master-at-Arms  Wardroom  Steward 

Positions  in  the  Department  of  Docks: 

Master  or  Pilot  Diver 

Mate  Diver's  Tender 

Positions  in  the  Department  of  Street  Cleaning: 

Deckhand  Mate 

Fireman  Marine  Engineman 

Master 

Positions  in  the  Public  Libraries: 

Cleaner,  with  compensation  not  exceeding  $20  per  month. 


57 


Positions  in  the  Fire  Department: 
Pilot 


Positions  in  the  Office  of  the  Borough  Presidents  and  Department  of  Water 
Supply: 

Lighter  of  Markets 


THE  LABOR  CLASS. 
PART    I. 


Bridge  Tender 

Cleaner  (Women) 

Cleaner  ( Women ),  Dep't  of  Education 

Cleaner  (Men),  Dep't  of  Education 

Driver 

Driver,  Dep't  St.  Cleaning 

Dump  Boardman,  Dep't  of  St.  Clean- 
ing 

Driver,  St.  Cleaning  Bureau,  Office 
of  the  Borough  Presidents,  Rich- 
mond and  Queens 

Sweeper,  St.  Cleaning  Bureau,  Office 
of  the  Borough  Presidents,  Rich- 
mond and  Queens 

Dump  Boardman,  St.  Cleaning 
Bureau,  Office  of  the  Borough 
Presidents,  Richmond  and  Queens 


Foreman  of  Laborers,  Common 
Foreman  of  Park  Laborers,  Dep't  of 

Parks 
Foreman    of    Dock   Laborers,   Dep't 

of  Docks  and  Ferries 
Foreman's  Assistant 
Hostler 

Laborer,  Common 
Park  Laborer,  Dep't  of  Parks 
Dock  Laborer,  Dep't  of  Docks 
Paver 
Rammer 
Stoker 

Stoker,  Marine 

Sweeper,  Dep't  of  St.  Cleaning 
Sewer  Cleaner,  Office  of  the  Borough 

President  in  each     Borough 


PART    II. 


Batteryman,  Fire  Dep't 

Batteryman's  Assistant,  Fire  Dept. 

Bridge  Painter 

Cabinet  Maker 

Cable  Splicer,  Fire  Dep't 

Cement  Worker 

Deckhand 

Elevator  Man 

Flagger 

Harness  Maker 

Hose  Repairer,  Fire  Dep't 

Lineman 

Machinist's  Apprentice 

Marine  Sounder,  Dep't  of  Docks 

Oiler 


Mechanics'  Helper: 
Mason 
Pipe  Fitter 
Blacksmith 
Machinist 
Plumber 

Plumber's  Apprentice 

Rigger 

Scowman,  Dep't  of  St.  Cleaning 

Ship  Carpenter 

Ship  Caulker 

Stone  Cutter 

Stone  Mason 

Wheelwright 

Wireman 

Water  Tender,  Dep't  Docks  and  Fer- 
ries 


PART    III. 

Blacksmith  Painter: 

Bricklayer  Decorator 

Carpenter  Grainer 

Dock  Builder  House 

Foreman — Blacksmith  Letterer 

Bricklayer  Striper 

Carpenter  Pipe  Caulker 

Dockbuilder  Pipe  Fitter 

Machinist        .  Plasterer 

House  Painter  Plumber 

Pipe   Caulker  Riveter 

Plumber  Saw  Filer 

Riveter  Tapper 

Housesmith  Tapper's  Assistant 

Machinist  Tinsmith  and  Roofer 

Varnisher 


NEW  YORK,  December  2,  1903. 

THE  foregoing  rules  and  classification,  prescribed  by  the 
Municipal  Civil  Service  Commission,  are  hereby  approved. 

SETH  Low,  Mayor. 

STATE  OF  NEW  YORK, 

OFFICE  OF  THE  STATE  CIVIL  SERVICE  COMMISSION, 
ALBANY,  December  4,  1903. 

The  foregoing  Civil  Service  Rules  of  the  City  of  New  York 
having  been  duly  examined,  are  hereby  approved  by  the  State  Civil 
Service  Commission. 

Attest : 

[SEAL.]  JOHN  C.  BIRDSEYE, 

Secretary. 


59 


CONSTITUTION  OF  THE  STATE  OF  NEW  YORK. 

ARTICLE  V. 
CIVIL  SERVICE  APPOINTMENTS  AND  PROMOTIONS. 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the 
state,  and  of  all  the  civil  divisions  thereof,  including  cities  and  vil- 
lages, shall  be  made  according  to  merit  and  fitness,  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as  prac- 
ticable, shall  be  competitive ;  provided,  however,  that  honorably  dis- 
charged soldiers  and  sailors  from  the  army  and  navy  of  the  United 
States  in  the  late  civil  war,  who  are  citizens  and  residents  of  this 
state,  shall  be  entitled  to  preference  in  appointment  and  promotion, 
without  regard  to  their  standing  on  any  list  from  which  such 
appointment  or  promotion  may  be  made.  Laws  shall  be  made  to 
provide  for  the  enforcement  of  this  section. 

CHAP.  370. 

AN  ACT  in  relation  to  the  civil  service  of  the  state  of  New  York  and 
the  cities  and  civil  divisions  thereof. 

Became  a  law  April  19,  1899,  as  amended  by  L.  1900,  chs.  66  and 
675;  L.  1902,  chs.  270  and  355. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  i.  Short  title. — This  chapter  shall  be  known  as  the  civil 
service  law. 

§  2.  Definitions. — When  used  in  this  chapter, 

1.  The  term  "  Commission  "  or  "  State  commission  "  means  the 
State  Civil  Service  Commission. 

2.  The  term  "  municipal  commission  "  means  the  municipal  civil 
service  commission  of  a  city. 

3.  The  "  civil  service  "  of  the  state  of  New  York  or  any  of  its 
civil  divisions  or  cities  includes  all  offices  and  positions  of  trust  or 
employment  in  the  service  of  the  state  or  of  such  civil  division  or 


6o 

city,  except  such  offices  and  positions  in  the  militia  and  the  military 
departments  as  are  or  may  be  created  under  the  provisions  of 
article  eleven  of  the  constitution. 

4.  The  "state  service  "  shall  include  all  such  offices  and -positions 
in  the  service  of  the  state  or  of  any  of  its  civil  divisions  except  a  city. 

5.  The  "  city  service  "  shall  include  such  positions  in  the  service 
of  any  city. 

6.  The  term  "  appointing  officer  "  signifies  the  officer,  commis- 
sion, board  or  body  having  the  power  of  appointment  to  subordinate 
positions  in  any  office,  court,  department,  commission,  board,  or 
institution. 

§  3.  State  civil  service  commission. — The  governor  is  author- 
ized to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate, 
three  persons,  not  more  than  two  of  whom  shall  be  adherents  of 
the  same  political  party,  as  civil  service  commissioners,  and  said 
three  commissioners  shall  constitute  the  state  civil  service  commis- 
sion. They  shall  hold  no  other  official  place  under  the  state  of  New 
York.  The  governor  may  remove  any  commissioner,  and  any 
vacancy  in  the  position  of  commissioner  shall  be  so  filled  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  as  to 
conform  to  said  conditions  for  the  first  selection  of  commissioners. 
The  three  commissioners  shall  each  receive  a  salary  of  three  thou- 
sand dollars  a  year,  and  each  of  said  commissioners  shall  be  paid 
his  necessary  traveling  expenses  incurred  in  the  discharge  of  his 
duty  as  a  commissioner. 

§4.  Officers  and  employees  of  the  commission. — The  commis- 
sion may  elect  one  of  its  members  to  be  president,  and  may 
employ  a  chief  examiner,  a  secretary,  and  such  other  officers, 
clerks  and  examiners  as  it  may  deem  necessary  or  proper 
to  carry  out  the  purposes  of  this  act,  and  such  employees  shall  hold 
office  during  the  pleasure  of  the  commission.  The  chief  examiner 
shall  be  entitled  to  receive  a  salary  at  the  rate  of  three  thousand  six 
hundred  dollars  a  year,  and  he  shall  be  paid  his  necessary  traveling 
expenses  incurred  in  the  discharge  of  his  duty.  The  secretary,  and 
other  officers,  clerks  and  examiners  shall  receive  salaries  to  be  fixed 
by  the  commission,  and  the  secretary  shall  also  be  paid  his  neces- 
sary traveling  expenses  incurred  in  the  discharge  of  his  duty.  The 


6i 

commission  may  select  suitable  persons  in  the  official  service  of  the 
state  or  any  of  its  civil  divisions,  after  consulting  the  head  of  the 
department  or  office  in  which  such  persons  serve,  to  act  as  exam- 
iners under  its  direction.  Persons  so  selected  shall  be  entitled  to 
compensation  from  the  commission  for  their  necessary  expenses 
occasioned  by  the  service  actually  rendered,  in  addition  to  the 
regular  service  required  in  the  department  or  office  where  they  are 
regularly  employed.  The  compensation  of  examiners  shall  not 
exceed  five  dollars  per  day,  except  in  the  case  of  special  and  expen 
examiners  employed  in  the  preparation  of  questions  and  rating  of 
candidates;  the  commission  shall  not  expend  or  authorize  the  ex- 
penditure of  moneys  for  any  purpose  in  excess  of  the  sums  appro- 
priated therefor  by  law. 

§  5.  Rooms  and  accommodations. — It  shall  be  the  duty  of  the 
trustees  of  public  buildings  to  cause  suitable  and  convenient  rooms 
and  accommodations  to  be  assigned  or  provided,  and  to  be  fur- 
nished, heated  and  lighted,  at  the  capitol  in  the  city  of  Albany,  for 
carrying  on  the  work  and  examinations  of  said  commission,  and 
said  commission  may  order  the  necessary  stationery,  postage  stamps, 
an  official  seal  and  other  articles  to  be  supplied,  and  the  necessary 
printing  to  be  done  for  its  official  use.  It  shall  be  the  duty  of  the 
officers  of  the  state  of  New  York  or  of  any  civil  division  thereof,  at 
any  place  where  examinations  are  directed  by  the  commission  or  its 
rules  to  be  held,  to  allow  the  reasonable  use  of  public  buildings,  and 
to  heat  and  light  the  same  for  holding  such  examinations,  and  in  all 
proper  ways  to  facilitate  the  same. 

§  6.  The  powers  and  duties  of  the  commission. — The  state  civil 
service  commission  shall 

First.  Prescribe,  amend  and  enforce  suitable  rules  and  regula- 
tions for  carrying  into  effect  the  provisions  of  this  act  and  of  section 
nine  of  article  five  of  the  constitution  of  the  state  of  New  York,  as 
herein  provided.  The  rules  prescribed  by  the  state  and  municipal 
commissions  pursuant  to  the  provisions  of  this  act  shall  have  the 
force  and  effect  of  law. 

Second.  Keep  minutes  of  its  own  proceedings  and  records  of  its 
examinations  and  other  official  action. 

Third.  Make  investigations  concerning  and  report  upon  all  mat- 
ters touching  the  enforcement  and  effect  of  the  provisions  of  this 


62 

act  and  the  rules  and  'regulations  prescribed  thereunder,  concerning 
the  action  of  any  examiner  or  subordinate  of  the  commission  and 
any  person  in  the  public  service,  in  respect  to  the  execution  of  this 
act,  and  in  the  course  of  such  investigations  each  commissioner  and 
the  secretary  and  the  chief  examiner  shall  have  power  to  administer 
oaths. 

Fourth.  Have  power  to  subpoena  and  require  the  attendance  in 
this  state  of  witnesses  and  the  production  thereby  of  books  and 
papers  pertinent  to  the  investigation  and  inquiries  hereby  authorised 
and  to  examine  them  and  such  public  records  as  it  shall  require  in 
relation  to  any  matter  which  it  is  required  to  investigate.  And  for 
the  purposes  of  the  examination  hereby  directed,  the  commission 
possesses  all  the  powers  conferred  by  the  legislative  law  upon  a  com- 
mittee of  the  legislature  or  by  the  code  of  civil  procedure  upon  a 
board  or  committee,  and  may  invoke  the  power  of  any  court  of 
record  in  the  state  to  compel  the  attendance  and  testifying  of  wit- 
nesses and  the  production  thereby  of  books  and  papers  as  aforesaid. 

Fifth.  Make  an  annual  report  to  the  governor  for  transmission 
to  the  legislature,  showing  its  own  action,  the  rules  and  regulations 
and  the  exceptions  thereto  in  force,  and  the  practical  effects  thereof 
and  any  suggestions  it  may  approve  for  the  more  effectual  accom- 
plishment of  the  purposes  of  this  act. 

Sixth.  Meet  in  Albany  at  least  once  in  each  calendar  month, 
except  the  month  of  August,  and  hold  such  other  meetings  as  the 
needs  of  the  public  service  may  require.  A  majority  of  the  members 
of  the  commission  shall  constitute  a  quorum. 

§  7.  Duties  of  public  officers. — It  shall  be  the  duty  of  all  officers 
of  the  state  of  New  York  or  of  any  city  or  civil  division  thereof  to 
conform  to  and  comply  with  and  to  aid  in  all  proper  ways  in  carry- 
ing into  effect  the  provisions  of  this  act,  and  the  rules  and  regula- 
tions prescribed  thereunder  and  any  modification  thereof.  No 
officer  or  officers  having  the  power  of  appointment  or  employment 
shall  select  or  appoint  any  person  for  appointment,  employment,  pro- 
motion or  reinstatement  except  in  acordance  with  the  provisions  of 
this  act  and  the  rules  and  regulations  prescribed  thereunder.  Any 
person  employed  or  appointed  contrary  to  the  provisions  of  this  act 
or  of  the  rules  and  regulations  established  thereunder,  shall  be  paid  by 
the  officer  or  officers  so  employing  or  appointing,  or  attempting  to  em- 


63 

ploy  or  appoint,  him,  the  compensation  agreed  upon  for  any  services 
per  formed  under  such  appointment  or  employment,  or  in  case  no  com- 
pensation is  agreed  upon,  the  actual  value  of  such  services,  and  any 
expenses  incurred  in  connection  therewith,  and  shall  have  a  cause 
of  action  against  such  officer  or  officers  or  any  of  them  for  such  sum 
or  sums  and  for  the  costs  of  the  action.  No  public  officer  shall  be 
reimbursed  by  the  state  or  any  of  its  civil  divisions  for  any  sums  so 
paid  or  recovered  in  any  such  action. 

§  8.  Unclassified  service ;  classified  service. — The  civil  service  of 
the  state  and  of  each  of  its  civil  divisions  and  cities  shall  be  divided 
into  the  unclassified  service  and  the  classified  service.  The  unclassi- 
fied service  shall  comprise  all  elective  offices;  all  offices  filled  by 
election  or  appointment  by  the  legislature  on  joint  ballot ;  all  persons 
appointed  by  name  in  any  statute;  all  legislative  officers  and  em- 
ployees ;  all  offices  filled  by  appointment  by  the  governor,  either  upon 
or  without  confirmation  by  the  senate,  except  officers  and  employees 
in  the  executive  offices ;  all  election  officers ;  the  head  or  heads  of  any 
•department  of  the  government,  and  persons  employed  in  or  who 
seek  to  enter  the  public  service  as  superintendents,  principals  or 
teachers  in  a  public  school  or  academy  or  in  a  state  normal  school 
or  college.  The  classified  service  shall  comprise  all  positions  not 
included  in  the  unclassified  service.  All  appointments  or  employ- 
ments in  the  classified  service,  except  those  of  veterans  of  the  civil 
war,  honorably  discharged  from  the  military  or  naval  service  of  the 
United  States,  shall  be  for  a  probationary  term  not  exceeding  the 
time  fixed  in  the  rules. 

§  9.  Rules  for  the  classified  state  service. — Within  one  month 
.after  the  passage  of  this  act,  the  commission  shall  make  rules  for  the 
classification  of  the  offices,  places  and  employments  in  the  classified 
service  of  the  state,  and  thereafter  from  time  to  time  rules  for  the 
classification  of  the  offices,  places  and  employments  in  such  other 
civil  divisions  thereof,  except  cities,  as  after  due  inquiry  by  the  com- 
mission shall  be  found  practicable,  and  for  appointments  and  promo- 
tions therein  and  examinations  therefor,  not  inconsistent  with  the 
constitution  and  the  provisions  of  this  act,  and  shall  amend  the  same 
from  time  to  time.  No  examination  or  registration  shall  be  required 
of  persons  to  be  employed  as  laborers  in  the  state  service.  Such 
rules  a.*d  any  modifications  thereof,  shall  take  effect  when  approved 


64 

by  the  governor.  Due  notice  of  the  contents  of  such  rules,  and  of 
any  modifications  thereof,  shall  be  given  by  mail  to  appointing  of- 
ficers and  heads  of  departments  affected  thereby,  and  such  rules 
shall  be  printed  for  public  distribution.  Subject  to  the  provisions 
of  this  act  and  of  the  rules  established  thereunder,  the  commission 
shall  make  regulations  for  and  have  control  of  examinations  for  the 
service  of  the  state  and  the  civil  divisions  thereof,  except  cities,  and 
shall  supervise  and  preserve  the  records  of  the  same,  but  such  ex- 
aminations shall  be  held  at  least  once  a  year  in  each  of  the  following 
places:  Albany,  Amsterdam,  Auburn,  Binghamton,  Buffalo,  Dun- 
kirk, Elmira,  Geneva,  Hornellsville,  Ithaca,  Jamestown,  Johnstown, 
Kingston,  Lockport,  Malone,  Middletown,  Newburg,  New  York, 
Ogdensburg,  Olean,  Oneonta,  Oswego,  Plattsburg,  Poughkeepsie, 
Rochester,  Saratoga,  Syracuse,  Utica  and  Watertown;  and  shall 
cover  in  each  place  all  offices  and  positions  for  which  competitive 
examinations  are  required,  except  such  examinations  as  require 
special  tools,  machinery,  appliances,  or  laboratory  facilities. 

§  10.  The  classified  city  service. — The  mayor  of  each  city  in  this 
state  shall  appoint  and  employ  suitable  persons  to  prescribe,  amend 
and  enforce  rules  for  the  classification  of  the  offices,  places  and 
employments  in  the  classified  service  of  such  city,  and  for  appoint- 
ments and  promotions  therein  and  examinations  therefor;  and  for 
the  registration  and  selection  of  laborers  for  employment  therein, 
not  inconsistent  with  the  constitution  and  the  provisions  of  this  act 
and  shall  amend  the  same  from  time  to  time.  Such  persons  shall  be 
municipal  civil  service  commissioners  and  shall  constitute  the 
municipal  civil  service  commission  of  such  city.  All  appointments 
or  designations  of  municipal  civil  service  commissioners  shall  be 
made  in  such  manner  that  not  more  than  two-thirds  of  such  com- 
missioners in  any  city  shall  at  any  time  be  adherents  of  the  same 
political  party.  Such  rules  herein  prescribed  and  established  and  all 
regulations  now  existing  for  appointment  and  promotion  in  the 
civil  service  of  said  city  and  any  subsequent  modification  thereof, 
whether  prescribed  under  the  authority  of  a  general  law  or  of  any 
special  or  local  law,  shall  be  valid  and  take  or  continue  in  effect  only 
upon  the  approval  of  the  mayor  of  the  city  and  of  the  state  civil 
service  commission.  The  authority  by  this  section  conferred  shall  not 
be  so  exercised  as  to  take  from  any  policeman  or  fireman  any  right 


65 

or  benefit  conferred  by  law,  or  existing  under  any  lawful  regulation 
of  the  department  in  which  he  serves.  All  examinations  herein 
authorized  shall  be  public,  and  all  rules  shall  be  published,  and, 
with  all  the  proceedings  and  papers  connected  with  said  examina- 
tions shall  be  at  all  times  subject  to  the  inspection  of  said  state  com- 
mission and  its  agents;  and  said  commission  shall  set  forth  in  its 
reports  the  character  and  practical  effects  of  such  examinations, 
together  with  its  views  as  to  the  improvement  and  extension  of  the 
same,  and  also  copies  of  all  rules  made  under  the  authority  hereby 
conferred.  Subject  to  the  provisions  of  this  act  and  of  said  rules, 
the  municipal  commission  of  any  city  shall  make  regulations  for  and 
have  control  of  examinations  and  registration  for  the  service  of 
such  city  and  shall  supervise  and  preserve  the  records  of  the  same. 
In  case,  for  any  reason,  the  mayor  of  any  city  within  sixty  days  after 
he  has  the  power  to  appoint,  fails  to  appoint  such  municipal  com- 
missioners, the  state  commission  shall  appoint  them  to  hold  office 
until  the  expiration  of  the  term  of  the  mayor  then  in  office  and 
their  successors  are  appointed  and  qualify.  It  shall  be  the  duty  of 
such  persons  to  prepare  and  to  procure  the  approval  of  the  rules 
herein  provided  for,  and,  if  they  fail  to  do  so  within  sixty  days  after 
their  appointment,  the  state  commission  shall  forthwith  make  said 
rules.  It  shall  be  the  duty  of  such  persons  to  make  reports  from 
time  to  time  to  the  state  commission,  whenever  said  commission 
may  request,  of  the  manner  in  which  this  law,  and  the  rules  and 
regulations  thereunder,  have  been  and  are  administered,  and  the 
results  of  their  administration  in  such  city,  and  of  such  other 
matters  as  said  commission  may  require,  and  annually  on  or  before 
the  fifteenth  day  of  January,  to  make  such  a  report  to  said  commis- 
sion ;  and  it  shall  be  the  duty  of  said  state  commission  in  its  annual 
report  to  set  out  either  these  reports,  or  a  sufficient  abstract  or 
summary  thereof,  to  give  full  and  clear  information  as  to  their  con- 
tents. A  copy  of  the  roster  of  the  classified  civil  service  of  such 
city  shall  be  transmitted  to  the  state  commission  with  the  annual 
report  aforesaid,  and  shall  be  filed  in  the  office  of  said  commission 
as  a  public  record.  The  mayor  may  at  any  time  remove  any  munic- 
ipal civil  service  commissioner  appointed  by  him.  Whenever  a 
municipal  civil  service  commissioner  has  been  removed  by  the 
unanimous  vote  of  the  three  state  commissioners,  with  the  written 
approval  of  the  governor,  or  whenever  any  municipal  commissioner 


66 

shall  resign  or  be  removed  by  the  mayor  pending  an  investigation 
by  the  state  commission  of  the  administration  of  the  civil  service  of 
the  city  in  which  such  person  is  a  municipal  commissioner,  or  when- 
ever any  municipal  commissioner  shall  resign  or  be  removed  by 
the  mayor  pending  a  hearing  by  the  state  commission  of  charges 
preferred  against  such  municipal  commissioner,  the  state  commis- 
sion and  not  the  mayor  of  such  city  shall  have  power  to  appoint 
persons  to  fill  such  vacancies,  and  such  persons  so  appointed  by 
the  state  commission  shall  hold  office  as  municipal  civil  service  com- 
missioners of  such  city  until  the  expiration  of  the  term  of  the 
mayor  then  in  office  and  until  their  successors  are  appointed  and 
qualify.  Said  state  commission  may  also,  by  unanimous  vote  of 
the  three  commissioners,  with  the  written  approval  of  the  governor, 
remove  any  municipal  civil  service  commissioner  appointed  or  em- 
ployed under  the  authority  of  this  section,  for  incompetence,  in- 
efficiency, neglect  of  duty  or  violation  of  the  provisions  of  this  act,, 
or  of  the  rules  and  regulations  in  force  thereunder,  or  of  any  of 
them,  specifying  in  writing  the  particulars  of  the  incompetency, 
inefficiency,  neglect  of  duty  or  violation  charged,  and  filing  the 
same  as  a  public  document  in  the  office  of  the  city  clerk,  or  if  there 
be  no  city  clerk,  in  the  office  of  the  clerk  of  the  board  of  aldermen, 
and  a  certified  transcript  thereof  in  the  office  of  the  state  civil  ser- 
vice commission,  first  giving  him  an  opportunity  to  make  a  personal 
explanation  in  self-defense.  Said  state  commission  may  at  any 
time,  by  unanimous  vote  of  the  three  commissioners,  amend  or 
rescind  any  rule,  regulation  or  classification  prescribed  under  pro- 
visions of  this  section,  provided  that  said  state  commission  shall1 
state  the  reasons  for  such  action  in  writing,  and  file  the  same  and  a 
certified  transcript  thereof  as  a  public  document  as  hereinbefore 
provided,  and  give  an  opportunity  to  the  municipal  civil  service 
Commissioners  concerned  to  make  a  personal  explanation  and  to 
file  papers  in  opposition  to  such  action.  The  said  state  commission, 
however,  shall  not  take  such  action  upon  any  ground  other  than 
that  the  provisions  or  purposes  of  this  act  are  not  properly  or 
sufficiently  carried  out  by  such  rule,  regulation  or  classification,  nor 
without  specifying  in  writing  and  detail  in  what  particular  such 
provisions  or  purposes  are  not  carried  out,  nor  shall  said  state  com- 
mission exempt  from  competitive  examination  any  position,  or 


67 

place  or   employment   in   any    city    without    the    consent    of   the 
municipal  commission  of  such  city. 

§11.  Classification. — The  offices  and  positions  in  the  classified 
service  of  the  state  or  of  any  city  or  civil  division  thereof  for  which 
civil  service  rules  shall  be  established  pursuant  to  this  act,  shall  be 
arranged  in  four  classes  to  be  designated  as  the  exempt  class,  the 
competitive  class,  the  non-competitive  class  and,  in  cities,  the  labor 
class. 

§  12.  The  exempt  class. — The  following  positions  shall  be  in- 
cluded in  the  exempt  class: 

1.  The  deputies  of  principal  executive  officers  authorized  by  law 
to  act  generally  for  and  in  place  of  their  principals; 

2.  One  secretary  of  each  officer,  board  and  commission  author- 
ized by  law  to  appoint  a  secretary; 

3.  One  clerk,  and  one  deputy  clerk  if  authorized  by  law,  of  each 
court,  and  one  clerk  of  each  elective  judicial  officer; 

4.  In  the  state  service,  all  unskilled  laborers  and  such  skilled 
laborers  as  are  not  included  in  the  competitive  class  or  the  non- 
competitive  class:  and  in  addition  thereto  there  may  be  included  in 
the  exempt  class  all    other   subordinate    offices   for   the    filling   of 
which  competitive  of  non-competitive  examinations  may  be  found 
to  be  not  practicable.    But  no  office  or  position  shall  be  deemed  to 
be  in  the  exempt  class  unless  it  is  specifically  named  in  such  class 
in  the  rules,  and  the  reasons  for  each  such  exemption  shall  be  stated 
separately  in  the  annual  reports  of  the  commission.    Not  more  than 
one  appointment  shall  be  made  to  or  under  the  title  of  any  such 
office  or  position,  unless  a  different  number  is  specifically  men- 
tioned in  such  rules.    Appointments  to  positions  in  the  exempt  class 
may  be  made  without  examination. 

§  13.  The  competitive  class. — The  competitive  class  shall  in- 
clude all  positions  for  which  it  is  practicable  to  determine  the 
merit  and  fitness  of  applicants  by  competitive  examination,  and 
shall  include  all  positions  now  existing,  or  hereafter  created,  of 
whatever  functions,  designations  or  compensation,  in  each  and 
every  branch  of  the  classified  service,  except  such  positions  as  are 
in  the  exempt  class,  the  non-competitive  class  or  the  labor  class. 


63 

Appointments  shall  be  made  to  or  employment  shall  be  given  in  all 
positions  in  the  competitive  class  that  are  not  filled  by  promotion, 
reinstatement,  transfer  or  reduction  under  the  provisions  of  this 
act  and  the  rules  in  pursuance  thereof,  by  appointment  of  those 
graded  highest  in  open  competitive  examinations  conducted  by  the 
state  or  municipal  commission,  except  as  herein  otherwise  pro- 
vided. The  term,  of  eligibility  shall  be  fixed  for  each  eligible  list 
at  not  less  than  one  nor  more  than  four  years.  Appointment  shall 
be  made  from  the  eligible  list  most  nearly  appropriate  for  the  group 
in  which  the  position  to  be  filled  is  classified,  and  a  new  list  shall 
be  created  for  a  stated  position  or  group  of  positions  only  when 
there  is  no  appropriate  list  existing  from  which  appointment  may  be 
made.  No  person  shall  be  appointed  or  employed  under  any  title 
not  appropriate  to  the  duties  to  be  performed,  and  no  person  shall 
be  transferred  to,  or  assigned  to  perform  the  duties  of,  any  position 
subject  to  competitive  examination,  unless  he  shall  have  previously 
passed  an  open  competitive  examination  equivalent  to  that  required 
for  such  position, .or  unless  he  shall  have  served  with  fidelity  for  at 
least  three  years  in  a  similar  position.  Appointments  to  positions  in 
the  state  service,  the  duties  of  which  are  confined  to  a  locality  out- 
side o,  Albany  county,  shall,  so  far  as  practicable,  be  made  from 
residents  of  the  judicial  district  including  such  locality.  The  exam- 
inations shall  be  public  and  shall  be  practical  in  their  character  and 
shall  relate  to  those  matters  which  will  fairly  test  the  relative 
capacity  and  fitness  of  the  persons  examined  to  discharge  the 
duties  of  that  service  into  which  they  seek  to  be  appointed.  Such 
commissions  shall  prepare  lists  of  preliminary  requirements  and 
subjects  of  examination  for  the  several  positions  or  groups  of 
positions  in  the  competitive  class  and  shall  publish  its  rules  and 
such  information,  and  advertise  such  examinations  in  such  manner 
as  the  nature  of  the  examinations  may  require.  Each  of  such  com- 
missions shall  require  intending  competitors  to  file  in  its  office  a 
reasonable  length  of  time  before  the  date  of  any  examination,  a 
formal  application  in  which  the  applicant  shall  state  under  oath: 

1.  His  full  name,  residence  and  post-office  address. 

2.  His  age,  place  and  date  of  his  brith. 

3.  His  health  and  physical  capacity  for  the  public  service. 

4.  His  right  of  preference  by  reason  of  military  or  naval  service. 


69 

5.  His  business  or  employment,  and  residence  for  at  least  the 
previous  five  years. 

6.  Such  other  information  as  may  reasonably  be  required  touch- 
ing the  applicant's  merit  and  fitness  for  the  public  service. 

Blank  forms  for  such  applications  shall  be  furnished  by  said 
commissions  without  charge  to  all  persons  requesting  the  same. 
Such  commissions  may  require  in  connection  with  such  application 
such  certificates  of  citizens,  physicians,  public  officers  or  others  hav- 
ing knowledge  of  the  applicant,  as  the  good  of  the  service  may  re- 
quire. Such  commissions  may  refuse  to  examine  an  applicant,  or 
after  examination  to  certify  an  eligible,  who  is  found  to  lack  any  of 
the  established  preliminary  requirements  for  the  examination  or 
position  for  which  lie  applies ;  or  who  is  physically  so  disabled  as  to 
be  rendered  unfit  for  his  performance  of  the  duties  of  the  position  to 
which  he  seeks  appointment ;  or  who  is  addicted  to  the  habitual  use 
of  intoxicating  beverages  to  excess ;  or  who  has  been  guilty  of  a 
crime  or  of  infamous  or  notoriously  disgraceful  conduct;  or  who 
has  been  dismissed  from  the  public  service  for  delinquency  or  mis- 
conduct; or  who  has  intentionally  made  a  false  statement  of  any 
material  fact,  or  practiced,  or  attempted  to  practice,  any  deception 
or  fraud  in  his  application,  in  his  examination,  or  in  securing  his 
eligibility  or  appointment.  When  the  position  to  be  filled  involves 
fiduciary  responsibility,  the  appointing  officer,  where  otherwise  per- 
mitted by  law,  may  require  the  appointee  to  furnish  a  bond  or  other 
security  and  shall  notify  the  state  or  municipal  commission  of  the 
amount  and  necessary  details  thereof. 

§  14.  Exceptions  from  competitive  examination. — Positions  in 
the  competitive  class  may  be  filled  without  examination  as  follows: 

I.  Whenever  there  are  urgent  reasons  for  filling  a  vacancy  in 
any  position  in  the  competitive  class  and  there  is  no  list  of  persons 
eligible  for  appointment  after  competitive  examination,  the  appoint- 
ing officer  may  nominate  a  person  to  the  state  or  municipal  commis- 
sion for  non-competitive  examination,  and  if  such  nominee  shall  be 
certified  by  such  commission  as  qualified  after  such  non-competitive 
examination,  he  may  be  appointed  provisionally  to  fill  such  vacancy 
until  a  selection  and  appointment  can  be  made  after  competitive  ex- 
amination, but  such  provisional  appointment  shall  not  continue  for 


;o 

a  longer  period  than  two  months,  nor  shall  successive  temporary 
appointments  be  made  to  the  same  position  under  this  subdivision. 

2.  In  case  of  a  vacancy  in  a  position  in  the  competitive  class 
where  peculiar  and  exceptional  qualifications  of  a  scientific,  profes- 
sional or  educational  character  are  required,  and  upon  satisfactory 
evidence  that  for  specified  reasons  competition  in  such  special  case 
is  impracticable  and  that  the  position  can  be  best  filled  by  the  selec- 
tion of  some  designated  person  of  high  and  recognized  attainments 
in  such  qualities,  the  state  or  municipal  commission  may  suspend 
the  provisions  of  the  rule  requiring  competition  in  such  case,  but 
no  such  suspension  shall  be  general  in  its  application  to  such  place, 
and  all  such  cases  of   suspension   shall   be    reported  in  the  annual 
reports  of  such  commissions  with  the  reasons  for  the  same. 

3.  When  the  services  to  be  rendered  by  an  appointee  in  the  state 
service  are  for  a  temporary  period  not  to  exceed  one  month  and  the 
need  of  such  service  is  important  and  urgent,  the  appointing  officer 
may  select  for  such  temporary  service  any  person  on  the  proper  list 
of  those  eligible  for  permanent  appointment  without  regard  to  his 
standing  on  such  list. 

§  15.  Promotion,  transfer,  reinstatement,  reduction. — Vacancies 
in  positions  in  the  competitive  class  shall  be  filled,  so  far  as  prac- 
ticable, by  promotion  from  among  persons  holding  positions  in  a 
lower  grade  in  the  department,  office  or  institution  in  which  the 
vacancy  exists.  Promotion  shall  be  based  upon  merit  and  competi- 
tion and  upon  the  superior  qualifications  of  the  person  promoted  as 
shown  by  his  previous  service,  due  weight  being  given  to  seniority. 
For  the  purposes  of  this  section  an  increase  in  the  salary  or  other 
compensation  of  any  person  holding  an  office  or  position  within  the 
scope  of  the  rules  in  force  hereunder  beyond  the  limit  fixed  for  the 
grade  in  which  such  office  or  position  is  classified,  shall  be  deemed 
a  promotion.  No  promotion,  transfer  or  reinstatement  shall  be 
made  from  a  position  in  one  class  to  a  position  in  another  class  un- 
less the  same  be  specially  authorized  by  the  state  or  municipal  com- 
mission, nor  shall  a  person  be  promoted  or  transferred  to  a  position 
for  original  entrance  to  which  there  is  required  by  this  act  or  the 
rules  an  examination  involving  essential  tests  or  qualifications  differ- 
ent from  or  higher  than  those  required  for  original  entrance  to  the 
position  held  by  such  person,  unless  he  shall  have  passed  the  exam- 


ination  or  attained  a  place   upon   the   eligible   list  for  such  higher 
position. 

§  16.  The  non-competitive  class. — The  non-competitive  class 
shall  include  such  positions  as  are  not  in  the  exempt  class  or  the 
labor  class  and  which  it  is  impracticable  to  include  in  the  competi- 
tive class.  Appointments  to  positions  in  the  non-competitive  class 
shall  be  made  after  such  non-competitive  examination  as  is  pre- 
scribed by  the  rules. 

§  17.  The  labor  class  in  cities. — The  labor  class  in  cities  shall 
include  unskilled  laborers  and  such  skilled  laborers  as  are  not  in- 
cluded in  the  competitive  class  or  the  non-competitive  class.  Vacan- 
cies in  the  labor  class  in  cities  shall  be  filled  by  appointment  from  lists 
of  applicants  registered  by  the  municipal  commissions.  Preference 
in  employment  from  such  lists  shall  be  given  according  to  date  of 
application.  There  shall  be  separate  lists  of  applicants  for  different 
kinds  of  labor  or  employment,  and  the  commissions  may  establish 
separate  labor  lists  for  various  institutions  and  departments.  Where 
the  labor  service  of  any  department  or  institution  extends  to  sep- 
arate localities,  the  commissions  may  provide  separate  registration 
lists  for  each  district  or  locality.  The  commissions  shall  require  an 
applicant  for  registration  for  the  labor  service  to  furnish  such  evi- 
dence or  pass  such  examination  as  they  may  deem  proper  with  re- 
spect to  his  age,  residence,  physical  condition,  ability  to  labor,  skill, 
capacity  and  experience  in  the  trade  or  employment  for  which  he 
applies. 

§  1 8.  Official  roster;  reports  of  appointing  officers. — No  person 
shall  be  appointed  to  or  employed  in  any  position  in  the  classified 
service  of  the  state  or  of  any  city  or  civil  division  thereof  for  which 
rules  have  been  prescribed  pursuant  to  the  provisions  of  this  act, 
until  he  has  passed  an  examination  or  is  shown  to  be  especially  ex- 
empted from  such  examination  in  conformity  with  such  rules  and 
the  provisions  of  this  act.  It  shall  be  the  duty  of  each  appointing 
officer  of  the  state  or  any  such  civil  division  thereof,  except  cities, 
to  report  to  the  state  civil  service  commission  forthwith  upon  such 
appointment  or  employment  the  name  of  such  appointee  or  em- 
ployee, the  title  and  character  of  his  office  or  employment,  the  date 
of  the  commencement  of  service  by  virtue  thereof  and  the  salary  or 


72 

-compensation  thereof,  and  to  report  from  time  to  time  and  upon 
the  date  of  official  action  in  or  knowledge  of  each  case,  any 
separation  of  a  person  from  the  service,  or  other  change  therein, 
and  such  other  information  as  the  commission  may  require,  in 
order  to  keep  the  roster  hereinafter  mentioned.  The  commission 
shall  keep  in  its  office  an  official  roster  of  the  classified  civil  service 
•of  the  state  and  of  each  of  the  civil  divisions  thereof  for 
which  rules  have  been  prescribed  pursuant  to  this  act,  except 
cities,  and  shall  enter  thereon  the  name  of  each  and  every  person 
who  has  been  appointed  to,  employed,  promoted  or  reinstated  in 
any  position  in  such  service,  upon  such  evidence  as  it  may  require 
-or  deem  satisfactory  that  such  person  was  appointed  to,  pro- 
moted or  reinstated  in  the  service  in  conformity  with  the  pro- 
visions of  law  and  the  rules  prescribed  pursuant  to  this  act.  The 
official  roster  shall  show  opposite  or  in  connection  with  each  name 
the  date  of  appointment,  employment,  promotion  or  reinstatement, 
the  compensation  of  the  position,  the  date  of  commencement  of 
service,  and  date  of  transfer  in  or  Separation  from  service  by 
dismissal,  resignation,  cancellation  of  appointment  or  death.  In 
like  manner  the  municipal  commission  of  each  city  shall  keep 
in  its  office  an  official  roster  of  the  classified  civil  service  of  such 
city,  and  shall  enter  thereon  the  name  of  each  and  every  person 
who  has  been  appointed  to,  employed,  promoted  or  reinstated  in 
any  position  in  such  service,  upon  such  evidence  as  it  may  require 
•or  deem  satisfactory  that  such  person  was  appointed  to,  or 
employed,  promoted  or  reinstated  in  the  service  in  conformity 
with  the  provisions  of  law  and  of  the  rules,  and  it  shall  be  the 
duty  of  each  appointing  officer  of  such  city  to  report  to  such 
municipal  commission  in  like  manner  as  is  hereinbefore  provided 
for  reports  from  appointing  officers  to  the  state  commission. 

§  19.  Disbursing  officers. — It  shall  be  unlawful  for  the  comp- 
troller or  other  fiscal  officer  of  the  state  or  any  city  or  civil  division 
thereof  for  which  civil  service  rules  have  been  prescribed  pursu- 
ant to  this  act,  to  draw,  sign  or  issue,  or  authorize  the  drawing, 
signing  or  issuing  of  any  warrant  on  the  treasurer  or  other  dis- 
bursing officer  of  the  state  or  such  city  or  civil  division  thereof, 
for  the  payment  of,  or  for  the  treasurer  or  other  disbursing  officer 
of  the  state  or  of  such  city  or  civil  division  thereof,  to  pay  any 


73 

salary  or  compensation  to  any  officer,  clerk  or  other  person  in 
the  classified  service  of  the  state  or  of  such  city  or  civil  division 
thereof,  unless  an  estimate,  payroll  or  account  for  such  salary  or 
compensation,  containing  the  names  of  the  persons  to  be  paid, 
shall  bear  the  certificate  of  the  state  civil  service  commission,  or 
in  case  of  the  service  of  a  city,  the  certificate  of  the  municipal 
civil  service  commission  of  such  city,  that  the  persons  named 
in  such  estimate,  payroll  or  account  have  been  appointed  or 
employed  or  promoted  in  pursuance  of  law  and  of  the  rules  made 
in  pursuance  of  law.  Any  officer,  clerk  or  other  person  entitled 
to  be  certified  by  said  commission,  or  either  of  them,  to  the  comp- 
troller, treasurer  or  other  fiscal  or  disbursing  officer  of  the  state 
or  any  city  or  civil  division  thereof,  as  having  been  appointed 
or  employed  in  pursuance  of  law  and  of  the  rules  made  in  pursu- 
ance of  law,  and  refused  such  certificate,  may  maintain  a  proceed- 
ing by  mandamus  to  compel  such  commission  or  commissions 
to  issue  such  certificate.  Any  sums  paid  contrary  to  the  provisions 
of  this  section  may  be  recovered  from  any  officer  or  officers 
making  such  appointment  in  contravention  of  the  provisions  of 
law  and  of  the  rules  made  in  pursuance  of  law,  or  any  officer 
signing  or  countersigning,  or  authorizing  the  signing  or  counter- 
signing of  any  warrant  for  the  payment  of  the  same,  and  from  the 
sureties  on  his  official  bond,  in  an  action  in  the  supreme  court 
of  the  state,  maintained  by  a  citizen  resident  therein,  who  is 
assessed  for  and  is  liable  to  pay,  or  within  one  year  before  the 
commencement  of  the  action,  has  paid  a  tax  therein.  All  moneys 
recovered  in  any  action  brought  under  the  provisions  of  this 
section  must,  when  collected,  be  paid  into  the  treasury  of  the 
state  or  such  civil  division  thereof,  except  that  the  plaintiff  in 
any  such  action  shall  be  entitled  to  receive  for  his  own  use  the 
taxable  costs  of  such  action. 

§  20.  Preferences  allowed  honorably  discharged  soldiers,  sail- 
ors and  marines. — In  every  public  department  and  upon  all  public 
works  of  the  state  of  New  York  and  of  the  cities,  counties,  towns 
and  villages  thereof,  honorably  discharged  soldiers,  sailors  and 
marines  from  the  army  and  navy  of  the  United  States  in  the  late 
civil  war  who  are  citizens  and  residents  of  this  state,  shall  be 
entitled  to  preference  in  appointment  and  promotion  without 


74 

regard  to  their  standing  on  any  list  from  which  such  appointment 
or  promotion  may  be  made  to  all  competitive  and  non-competitive 
positions,  provided  their  qualifications  and  fitness  shall  have  been 
ascertained  as  provided  in  this  act  and  the  rules  and  regulations 
in  pursuance  thereof;  and  the  persons  thus  preferred  shall  not 
be  disqualified  from  holding  any  position  in  the  civil  service  on 
account  of  his  age  or  by  reason  of  any  physical  disability,  provided 
such  age  or  disability  does  not  render  him  incompetent  to  perform 
the  duties  of  the  position  applied  for.  Whenever  any  list  of 
eligible  persons,  prepared  under  authority  of  this  act,  shall  con- 
tain the  names  of  honorably  discharged  soldiers,  sailors  and 
marines  entitled  to  preference  as  aforesaid  any  reference  in  this 
act  or  in  the  rules  and  regulations  in  pursuance  thereof  to  the 
persons  standing  highest  on  such  list  shall  be  deemed  to  indicate 
those  standing  highest  of  those  entitled  to  preference  by  the 
provisions  of  this  section  and  such  person  shall  be  given  prefer- 
ence on  any  list  of  registered  applicants  for  employment  in  the 
labor  service,  in  accordance  with  the  dates  of  their  several  appli- 
cations as  though  such  applications  had  been  filed  prior  to  those 
of  any  persons  on  such  lists  not  entitled  to  the  preference 
provided  by  this  section.  A  refusal  to  allow  the  preference  pro- 
vided for  in  this  and  the  next  succeeding  section  to  any  honorably 
discharged  soldier,  sailor  or  marine  or  a  reduction  of  his  compensa- 
tion (intended  to  bring  about  his  resignation)  shall  be  deemed 
a  misdemeanor,  and  such  honorably  discharged  soldier,  sailor  or 
marine  shall  have  a  right  of  action  therefor  in  any  court  of  compe- 
tent jurisdiction  for  damages,  and  also  a  remedy  by  mandamus 
for  righting  the  wrong. 

§  21.  Power  of  removal  limited. — Every  person  whose  rights 
may  be  in  any  way  prejudiced  contrary  to  any  of  the  provisions  of 
this  section  shall  be  entitled  to  a  writ  of  mandamus  to  remedy  the 
wrong.  No  person  holding  a  position  by  appointment  or  employ- 
ment in  the  state  of  New  York  or  in  the  several  cities,  counties, 
towns  or  villages  thereof,  who  is  an  honorably  discharged  soldier, 
sailor  or  marine,  having  served  as  such  in  the  Union  army  or  navy 
during  the  war  of  the  rebellion  and  who  is  an  honorably  discharged 
soldier,  sailor  or  marine,  having  served  as  such  in  the  volunteer 
army  or  navy  of  the  United  States  during  the  Spanish  war,  or 


75 

who  shall  have  served  the  term  required  by  law  in  the  volunteer 
fire  department  of  any  city,  town  or  village  in  the  state,  or  who 
shall  have  been  a  member  thereof  at  the  tinfe  of  disbandment 
of  such  volunteer  fire  department,  shall  be  removed  from  such 
position  or  employment  except  for  incompetency  or  misconduct 
shown  after  a  hearing  upon  due  notice,  upon  stated  charges  and 
with  the  right  to  such  employee  or  appointee  to  a  review  by  a  writ 
of  certiorari.  If  the  position  so  held  by  any  such  honorably 
discharged  soldier,  sailor  or  marine,  or  volunteer  fireman  shall 
become  unnecessary  or  be  abolished  for  reason  of  economy  or 
otherwise,  the  said  honorably  discharged  soldier,  sailor  or  marine, 
or  volunteer  fireman  holding  the  same  shall  not  be  discharged 
from  the  public  service,  but  shall  be  transferred  to  any  brajnch 
of  the  said  service  for  duty  in  such  position  as  he  may  be  fitted 
to  fill,  receiving  the  same  compensation  therefor,  and  it  is  hereby 
made  the  duty  of  all  persons  clothed  with  power  of  appointment 
to  make  such  transfer  effective.  The  burden  of  proving  incompe- 
tency or  misconduct  shall  be  upon  the  person  alleging  the  same. 
Nothing  in  this  section  shall  be  construed  to  apply  to  the 
position  of  private  secretary,  cashier  or  deputy,  of  any  official 
or  department. 

§  22.  Misdemeanor  to  obstruct  right  of  examination ;  false  rep- 
resentation; impersonation  in  examination. — Any  commissioner,  or 
examiner,  or  any  other  person  who  shall  willfully  by  himself  or  in 
co-operation  with  one  or  more  persons,  defeat,  deceive  or  obstruct 
any  person  in  respect  of  his  or  her  right  of  examination,  or  registra- 
tion, according  to  any  rules  or  regulations  prescribed  pursuant  to 
the  provisions  of  this  act,  or  who  shall  willfully  and  falsely  mark, 
grade,  estimate  or  report  upon  the  examination  or  proper  standing 
of  any  person  examined,  registered  or  certified,  pursuant  to  the  pro- 
visions of  this  act,  or  aid  in  so  doing,  or  who  shall  willfully  make 
any  false  representations  concerning  the  same,  or  concerning  the 
person  examined,  or  who  shall  willfully  furnish  to  any  person  any 
special  or  secret  information  for  the  purpose  of  either  improving 
or  injuring  the  prospects  or  chances  of  any  person  so  examined, 
registered  or  certified,  or  to  be  examined,  registered  or  certified,  or 
who  shall  personate  any  other  person,  or  permit  or  aid  in  any  man- 
ner any  other  person  to  personate  him,  in  connection  with  any 


76 

examination  or  registration,  or  application  or  request  to  be  exam- 
ined or  registered,  shajl  for  each  offense  be  deemed  guilty  of  a  mis- 
demeanor. 

§  23.  Recommendations  for  appointment  or  promotion. — No- 
recommendation  or  question  under  the  authority  of  this  act  shall 
relate  to  the  political  opinions  or  affiliations  of  any  person  whatever ; 
and  no  appointment  or  selection  to  or  removal  from  an  office  or  em- 
ployment within  the  scope  of  the  rules  established  as  aforesaid,  shall 
be  in  any  manner  affected  or  influenced  by  such  opinions  or  affilia- 
tions. No  person  in  the  civil  service  of  the  state  or  of  any  city  or 
civil  division  thereof,  is  for  that  reason  under  any  obligation  to  con- 
tribute to  any  political  fund  or  to  render  any  political  service,  and 
no  person  shall  be  removed  or  otherwise  prejudiced  for  refusing 
so  to  do.  No  person  in  the  said  civil  service  shall  discharge  or  pro- 
mote or  reduce,  or  in  any  manner  change  the  official  rank  or  com- 
pensation of  any  other  person  in  said  service,  or  promise  or  threaten 
so  to  do  for  giving  or  withholding  or  neglecting  to  make  any  con- 
tribution of  money  or  service  or  any  other  valuable  thing  for  any 
political  purpose.  No  person  in  said  service  shall  use  his  official 
authority  or  influence  to  coerce  the  political  action  of  any  person  or 
body,  or  to  interfere  with  any  election. 

§  24.  Political  assessments  prohibited. — No  officer,  agent,  clerk 
or  employee  under  the  government  of  the  state  of  New  York  or  any 
civil  division  or  city  thereof  shall,  directly  or  indirectly,  use  his 
authority  or  official  influence  to  compel  or  induce  any  other  officer, 
clerk,  agent  or  employee  under  said  government,  or  any  civil 
division  or  city  thereof,  to  pay  or  promise  to  pay  any  political  assess- 
ment, subscription  or  contribution.  Every  said  officer,  agent,  clerk 
or  employee  who  may  have  charge  or  control  in  any  building,  office 
or  room  occupied  for  any  purpose  of  said  government,  or  any  said 
division  or  city  thereof,  is  hereby  authorized  to  prohibit  the  entry  of 
any  person,  and  he  shall  not  knowingly  permit  any  person  to  enter 
the  same  for  the  purpose  of  therein  making,  collecting,  receiving  or 
giving  notice  of  any  political  assessment,  subscription  or  contribu- 
tion ;  and  no  person  shall  enter  or  remain  in  any  said  office,  building 
or  room,  or  send  or  direct  any  letter  or  other  writing  thereto,  for  the 
purpose  of  giving  notice  of,  demanding  or  collecting  a  political 
assessment,  nor  shall  any  person  therein  give  notice  of;  demand,  col- 


77 

lect  or  receive  any  such  assessment,  subscription  or  contribution; 
and  no  person  shall  prepare  or  make  out,  or  take  any  part  in  pre- 
paring or  making  out,  any  political  assessment,  subscription  or  con- 
tribution with  the  intent  that  the  same  shall  be  sent  or  presented  to 
or  collected  of  any  officer,  agent  or  employee,  subject  to  the  pro- 
visions of  this  act,  under  the  government  of  the  state  of  New  York, 
or  that  of  any  civil  division  or  city  thereof,  and  no  person 
shall  knowingly  send  or  present  any  political  assessment,  subscrip- 
tion or  contribution  to  or  request  its  payment  of  any  said  officer, 
agent  or  employee.  Any  person  who  shall  be  guilty  of  violating  any 
provision  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

§  25.  Officers  or  candidates  not  to  promise  influence,  et  cetera ; 
"  public  officer  "  and  "  public  employee  "  defined. — Whoever, 
while  holding  any  public  office,  or  in  nomination  for,  or  while  seek- 
ing a  nomination  or  appointment  for  any  public  office,  shall  cor- 
ruptly use  or  promise  to  use,  whether  directly  or  indirectly,  any 
official  authority  or  influence  (whether  then  possessed  or  merely  an- 
ticipated) in  the  way  of  conferring  upon  any  person;  or  in  order 
to  secure  or  aid  any  person  in  securing  any  office  or  public  employ- 
ment, or  any  nomination,  confirmation,  promotion  or  increase  of 
salary,  upon  the  consideration  or  condition  that  the  vote  or  political 
influence  or  action  of  the  last-named  person,  or  any  other,  shall  be 
given  or  used  in  behalf  of  any  candidate,  officer  or  party,  or  upon 
any  other  corrupt  condition  or  consideration,  shall  be  deemed  guilty 
of  bribery  or  an  attempt  at  bribery.  And  whoever,  being  a  public 
officer,  or  having  or  claiming  to  have  any  authority  or  influence  for 
or  affecting  the  nomination,  public  employment,  confirmation,  pro- 
motion, removal  or  increase  or  decrease  of  salary  of  any  public 
officer,  shall  corruptly  use,  or  promise,  or  threaten  to  use  any  such 
authority  or  influence,  directly  or  indirectly,  in  order  to  coerce  or 
persuade  the  vote  or  political  action  of  any  citizen  or  the  removal, 
discharge  or  promotion  of  any  officer  or  public  employee,  or  upon 
any  other  corrupt  consideration,  shall  also  be  guilty  of  bribery  or 
of  an  attempt  at  bribery.  Every  person  found  guilty  of  such  bribery, 
or  an  attempt  to  commit  the  same,  as  aforesaid,  shall,  upon  convic- 
tion thereof,  be  liable  to  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  three  thousand  dollars,  or  to  be  im- 
prisoned not  less  than  ten  days  nor  more  than  two  years,  or  to  both  said 


p  78 

fine  and  said  imprisonment  in  the  discretion  of  the  court.  The  phrase 
"  public  officer  "  shall  be  held  to  include  all  public  officials  in  this 
state,  whether  paid  directly  or  indirectly  from  the  public  treasury  of 
the  state,  or  from  that  of  any  civil  division  thereof,  or  by  fees  or 
otherwise ;  and  the  phrase  "  public  employee "  shall  be  held  to 
include  every  person  not  being  an  officer  who  is  paid  from  any  said 
treasury. 

§  26.  Attendance  of  witnesses ;  fees. — Witnesses  and  officers  to 
subpoena  and  secure  the  attendance  of  witnesses  before  said  commis- 
sion, shall  be  entitled  to  the  same  fees  as  are  allowed  witnesses  in 
civil  cases  in  courts  of  record.  Such  fees  need  not  be  prepaid,  but 
the  comptroller  shall  draw  his  warrant  for  the  payment  of  the 
amount  thereof,  when  the  same  shall  have  been  certified  to  by  the 
president  of  the  commission,  and  duly  proved  by  affidavit  or  other- 
wise to  the  satisfaction  of  the  said  comptroller ;  and  all  state,  county, 
town,  municipal  and  other  officers  and  their  deputies,  clerks,  subor- 
dinates and  employees  shall  afford  the  said  board  all  reasonable 
facilities  in  conducting  the  inquiries  specified  in  this  act,  and  give 
inspection  to  said  board  of  all  books,  papers  and  documents  belong- 
ing, or  in  any  way  appertaining  to  the  respective  offices,  and  shall 
also  produce  said  books  and  papers,  and  shall  attend  and  testify 
when  required  to  do  so  by  said  commission. 

§  27.  Taxpayer's  action. — The  right  of  any  taxpayer  to  bring 
an  action  to  restrain  the  payment  of  compensation  to  any  person 
appointed  to  or  holding  any  office,  or  place  or  employment  in  viola- 
tion of  any  of  the  provisions  of  this  act,  shall  not  be  limited  or 
denied  by  reason  of  the  fact  that  said  office,  or  place  or  employment 
shall  have  been  classified  as,  or  determined  to  be,  not  subject  to 
competitive  examination;  provided,  however,  that  any  judgment  or 
injunction  granted  or  made  in  any  such  action  shall  be  prospective 
only,  and  shall  not  affect  payments  already  made  or  due  to  such 
persons  by  the  proper  disbursing  officers,  in  accordance  with  the 
civil  service  rules  in  force  at  the  time  of  such  payments. 

§  28.  Saving  clause. — All  rules,  regulations  and  classifications 
for  appointment  or  promotion  in  the  civil  service  of  the  state  or  any 
city  or  civil  division  thereof,  not  inconsistent  with  the  provisions  of 
this  act,  established  with  the  approval  of  the  governor  or  the  state 


79 

commission  under  authority  of  law  prior  to  the  passage  of  this  act, 
shall  continue  in  full  force  and  effect  until  annulled  or  amended  pur- 
suant to  the  provisions  of  this  act;  and  the  state  civil  service  com- 
missioners and  the  municipal  civil  service  commissioners  of  any 
city,  now  in  office,  appointed  or  designated  under  the  provisions  of 
law  prior  to  the  passage  of  this  act,  shall  continue  in  office  until 
their  successors  are  appointed  and  qualify,  and  shall  have  the  same 
tenure  and  all  the  powers  and  duties  which  they  would  have  if 
appointed  under  the  provisions  of  this  act.  All  merit  and  eligible 
lists  of  persons  examined  prior  to  the  passage  of  this  act,  under  the 
civil  service  rules  and  regulations  in  force  at  the  time  of  such  exam- 
inations, shall  be  continued  in  full  force  and  effect  as  if  formed 
under  the  provisions  of  this  act,  subject,  however,  to  such  reason- 
able regulation  and  revision  as  the  rules  shall  prescribe. 

§  29.  Repeal. — Of  the  laws  enumerated  in  the  schedule  hereto 
annexed,  that  portion  specified  in  the  last  column  is  repealed.  All 
other  acts  or  parts  of  acts,  whether  general,  special  or  local,  and 
all  rules,  regulations  and  classifications  for  appointment  or  promo- 
tion in  the  civil  service  of  the  state  or  any  civil  division  thereof,  in- 
consistent with  the  provisions  of  this  act  are  hereby  repealed ;  pro- 
vided, however,  that  any  act  done  or  right  accruing,  accrued  or 
acquired,  or  liability,  penalty,  or  punishment  incurred  prior  to  the 
passage  of  this  act  shall  not  be  affected  or  impaired ;  but  the  same 
may  be  asserted,  enforced,  prosecuted  or  inflicted  as  fully,  and  to 
the  same  extent,  as  if  the  several  acts  herein  referred  to  had  not  been 
amended  or  repealed. 

§  30.  When  to  take  effect. — This  act  shall  take  effect  imme- 
diately. 


8o 
SCHEDULE  OF  LAWS  REPEALED. 


Laws  of. 

Chapter. 

Sections. 

1883  

354  

All. 

1884  

312  

AIL 

1884  , 

357  

All. 

1884  

410  

All. 

1886  

29  ..;  

All. 

1887  

464  

AIL 

1888  

119  

All. 

1890  

..,  67  

All. 

1892  

577  

All. 

1894  

681  

AIL 

1894  

716  

AIL 

1894  

717  

All. 

1895  

•••  344  

All. 

1896  

821  

All 

1897  

428  

AIL 

1898  

184  

All. 

1898  

186  

All. 

STATE  OF  NEW  YORK,  •) 

'  ss  ' 
Office  of  the  Secretary  of  State,]    ' 

I  have  compared  the  preceding  with  the  original  law  on  file  in 
this  office,  and  do  hereby  certify  that  the  same  is  a  correct  transcript 
therefrom,  and  the  whole  of  said  original  law. 

Given  under  my  hand  and  the  Seal  of  office  of  the  Secretary 
[L.  s.]     of  State,  at  the  City  of  Albany,  this  2ist  day  of  April,  in 
the  year  one  thousand  eight  hundred  and  ninety-nine. 

J.  B.  H.  MONGIN, 

Deputy  Secretary  of  State. 


8i 


PROVISIONS   OF  THE   CHARTER   OF  THE   CITY   OF 

NEW  YORK. 

Laws  of  1901,  Chapter  466. 

AUTHORITY  AND  DUTY  OF  COMMISSIONERS  OF  MUNICIPAL  CIVIL 
SERVICE. 

§  125.  The  municipal  civil  service  commission  shall  have  the 
power  to  make  investigations  concerning  all  matters  touching  the 
enforcement  and  effect  of  the  provisions  of  the  civil  service  law, 
in  so  far  as  it  applies  to  The  City  of  New  York,  and  the  rules  and 
regulations  prescribed  thereunder,  or  concerning  the  action  of 
any  examiner  or  subordinate  of  the  commission,  or  of  any  person 
in  the  classified  municipal  service,  in  respect  to  the  execution 
of  that  act,  and  in  the  course  of  such  investigations  each  com- 
missioner and  the  secretary  shall  have  the  power  to  administer 
oaths.  The  municipal  civil  service  commission  shall  have  the 
further  power  to  subpoena  and  require  the  attendance  of  witnesses, 
and  the  production  thereby  of  books  and  papers  pertinent  to  the 
investigations  and  inquiries  hereby  authorized,  and  to  examine 
them,  and  such  public  records  as  it  shall  require  in  relation  to 
any  matter  which  it  is  required  to  investigate.  For  this  purpose 
the  commission  shall  possess  all  the  powers  conferred  by  the  code 
of  civil  procedure  upon  a  board  or  committee  and  may  invoke  the 
power  of  any  court  of  record  in  the  state  to  compel  the  attendance 
and  testifying  of  witnesses  or  the  production  thereby  of  books 
and  papers  as  aforesaid. 

WARRANTS  FOR  PAYMENT  OF  SALARY  OF  PERSON  WHOSE  APPOINT- 
MENT HAS  NOT  BEEN  MADE  UNDER  CIVIL  SERVICE  LAW,  PRO- 
HIBITED. 

§  126.  Any  officer  of  said  city  whose  duty  it  is  to  sign  or 
countersign  warrants,  shall  not  draw,  sign  or  issue,  or  authorize 
the  drawing,  signing  or  issuing  of  any  warrant  on  the  chamber- 
.lain  or  other  disbursing  officer  of  the  city  for  the  payment  of 
salary  to  any  person  in  its  service  whose  appointment  or  retention 
has  not  been  in  accordance  with  the  civil  service  law  and  its  amend- 
ments and  of  the  valid  rules  in  force  thereunder. 


82 

VETERANS  IN  MUNICIPAL  SERVICE. 

§  127.  All  veterans  either  of  the  army  or  navy  or  the  volunteer 
fire  departments,  now  in  the  service  of  either  of  the  municipal 
and  public  corporations  hereby  consolidated*who  are  now  entitled 
by  law  to  serve  during  good  behavior,  or  who  cannot  under  exist- 
ing law  be  removed  except  for  cause,  shall  be  retained  in  like 
positions  and  under  the  same  conditions  by  the  corporation 
constituted  by  this  act,  to  serve  under  such  titles,  and  in  such 
way  as  the  head  of  the  appropriate  department  or  the  mayor  may 
direct. 

HEADS  OF  DEPARTMENTS  ;  CONTROL  OVER  SUBORDINATES  ;  REMOVAL. 

§  1543.  The  heads  of  all  departments  and  all  borough  presi- 
dents (except  as  otherwise 'specially  provided)  shall  have  power 
to  appoint  and  remove  all  chiefs  of  bureaus  (except  the  chamber- 
lain), as  also  all  clerks,  officers,  employees  and  subordinates  in 
their  respective  departments,  except  as  herein  otherwise  specially 
provided,  without  reference  to  the  tenure  of  office  of  any  existing 
appointee.  But  no  regular  clerk  or  head  of  a  bureau,  or  person 
holding  a  position  in  the  classified  municipal  civil  service  subject 
to  competitive  examination,  shall  be  removed  until  he  has  been 
allowed  an  opportunity  of  making  an  explanation ;  and  in  every 
case  of  a  removal,  the  true  grounds  thereof  shall  be  forthwith 
entered  upon  the  records  of  the  department  or  board  or  borough 
president,  and  a  copy  filed  with  the  municipal  civil  service.  In 
case  of  a  removal,  a  statement  showing  the  reason  therefor  shall 
be  filed  in  the  department.  The  number  of  all  officers,  clerks, 
employees,  laborers  and  subordinates  in  every  department  shall 
be  such  as  the  heads  of  the  respective  departments  and  borough 
presidents  shall  designate  and  approve,  not  exceeding  the  number 
limited  by  any  ordinance  of  the  board  of  aldermen.  The  duties 
of  all  such  officers,  clerks,  employees,  laborers  and  subordinates 
shall  be  such  as  the  heads  of  the  respective  departments  and 
borough  presidents  shall  designate  and  approve,  subject  to  the 
provisions  of  law  and  to  the  ordinances  of  the  board  of  aldermen. 
The  salaries  or  wages  of  all  such  officers,  clerks,  employees, 
laborers  and  subordinates  in  every  department  shall  be  such  as 
shall  be  fixed  by  the  board  of  aldermen  upon  the  recommendation 


83 

of  the  board  of  estimate  and  apportionment  in  the  manner  pro- 
vided in  this  act.  Any  head  of  department  or  borough  president, 
may,  with  the  consent  of  the  board  of  estimate  and  apportionment, 
consolidate  any  two  or  more  bureaus  established  by  law,  and 
may  change  the  duties  of  any  bureau;  and  it  shall  be  the  duty 
of  the  head  of  the  finance  department  to  bring  together  all  officers 
and  bureaus  authorized  to  receive  money  for  taxes,  assessments 
or  arrears,  in  such  manner  that  the  payment  of  the  same  can  be 
made,  as  nearly  as  practicable,  at  one  time  and  place,  and  in  one 
office.  Every  head  of  department  or  borough  president,  and  every 
officer  of  any  of  the  counties  contained  within  the  territorial  limits 
of  The  City  of  New  York,  is  empowered  to  make  ratable  deduc- 
tions from  the  salaries  and  wages  of  the  employees  and  subordi- 
nates of  his  department  or  office  on  account  of  absence  from  duty 
without  leave ;  provided,  however,  that  nothing  contained  in  this 
section  shall  effect  departments  or  offices  as  to  which  other  pro- 
vision is  made  by  this  act  for  deductions  for  absence  or  disci- 
plinary fines  and  penalties.  Wherever  in  any  department  or 
institution  an  office,  position  or  employment  is  abolished,  or  made 
unnecessary  through  the  operation  of  this  act,  or  in  any  other 
manner,  or  whenever  the  number  of  offices,  positions  or  employ- 
ments of  a  certain  character  is  reduced,  the  person  or  persons 
legally  holding  the  office  or  filling  the  position  or  employment 
thus  abolished  or  made  unnecessary  shall  be  deemed  to  be  sus- 
pended without  pay,  and  shall  be  entitled  to  reinstatement  in  the 
same  office,  position  or  employment,  or  in  any  corresponding  or 
similar  office,  position  or  employment,  if  within  one  year  there- 
after there  is  need  for  his  or  their  services.  Whenever  such  offices, 
positions  or  employments  are  abolished  or  made  unnecessary,  it 
shall  be  the  duty  of  the  head  of  the  department  or  institution  to 
furnish  the  names  of  the  person  or  persons  affected  to  the  munici- 
pal civil  service  commission,  with  a  statement  in  the  case  of  each 
of  the  date  of  his  original  appointment  in  the  service.  It  shall 
be  the  duty  of  the  municipal  civil  service  commission  forthwith 
to  place  the  names  of  such  persons  upon  a  list  of  suspended 
employees  for  the  office,  or  position,  or  for  the  class  of  work  in 
which  they  have  been  employed,  or  for  any  corresponding  or 
similar  office,  position  or  class  of  work,  and  to  certify  the  said 
persons  for  reinstatement,  in  the  order  of  their  original  appoint- 


84 

ment,  before  making  certifications  from  any  other  list.  The  failure 
of  any  person  on  any  such  list  for  reinstatement  to  accept,  after 
reasonable  notice,  an  office  or  position  in  the  same,  borough  and 
at  the  same  salary  or  wages  as  the  position  formerly  held  by  him 
shall  be  held  to  be  a  relinquishment  of  his  right  to  reinstatement 
as  herein  stated. 


